Opinion
4:12cv589-WS
03-05-2013
ORDER OF DISMISSAL
Before the court is the magistrate judge's report and recommendation (doc. 10) docketed January 31, 2013. The magistrate judge recommends that this case be dismissed without prejudice for failure to comply with an order of the court and to prosecute this case.
Upon review of the record, this court has determined that the recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order of the court.
2. The plaintiff's complaint, and this action, are hereby DISMISSED without prejudice for failure to comply with an order of the court and to prosecute his case.
3. The clerk is directed to enter judgment, stating: "All claims are dismissed without prejudice."
4. The plaintiff's motion for leave to proceed in forma pauperis is DENIED as moot.
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WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE