Opinion
3:20-CV-868
02-08-2022
ORDER
Robert D. Mariani, United States District Judge.
AND NOW, THIS 8th DAY OF FEBRUARY, 2022, upon review of Magistrate Judge Mehalchick's Report and Recommendation ("R&R") (Doc. 48) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
Magistrate Judge Mehalchick's R&R was filed on December 20, 2021 (see Doc. 48) and Plaintiffs Objections were thus due on or before January 3, 2022. However, upon motion by Plaintiff (Doc. 49), the Court extended the time for the filing of Objections to February 4, 2022 (Doc. 50). Plaintiff has nonetheless failed to file any Objections to the pending R&R and the time for doing so has passed.
1. The R&R (Doc. 48) is ADOPTED for the reasons set forth therein.
The Court adopts the R&R on the principal basis that Plaintiffs claims are time-barred.
2. Plaintiff's Motion for Summary Judgment (Doc. 34) is DENIED.
3. Defendants' Motion to Dismiss (Doc. 40) is GRANTED.
4. Plaintiff's Motion Requesting the Appointment of Counsel (Doc. 45) is DENIED as moot.
5. Plaintiff's Amended Complaint (Doc. 27) is DISMISSED WITH PREJUDICE.
6. The Clerk of Court is directed to CLOSE the above-captioned action.