Opinion
Civil Action No. 10-712.
December 22, 2010
MEMORANDUM ORDER
On May 24, 2010, the above captioned case was filed in this Court and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The magistrate judge filed a report and recommendation on November 24, 2010 (ECF No. 43) recommending that the action be dismissed for failure to prosecute. Plaintiff was served with the report and recommendation at his listed address and was advised that he had until December 13, 2010 to file written objections. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 22nd day of December, 2010;
IT IS HEREBY ORDERED that this action is DISMISSED for failure to prosecute.
IT IS FURTHER ORDERED that the report and recommendation (ECF No. 43) dated November 24, 2010, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.