Opinion
CASE NO. 2:09-CV-337-FtM-36TBM.
April 28, 2010
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Thomas B. McCoun III on March 15, 2010 (Dkt. 19), which recommends that the Court grant the Motion to Dismiss filed by Defendants United States District Judge John E. Steele and United States Magistrate Judge Sheri P. Chappell (Dkt. 8) ("Defendants"). Plaintiff did not file a response in opposition to the motion. Plaintiff did file objections to the Report and Recommendation on March 29, 2010 (Dkt. 20).
Plaintiff requests an additional twenty-one (21) days to file another response to the Report and Recommendation because he did not receive a copy of it until March 27, 2010 (Dkt. 20, p. 2). Such a request is considered moot based on this Order.
After carefully considering Plaintiff's Complaint, Defendants' Motion to Dismiss, the Report and Recommendation, and Plaintiff's Objections, in addition to undertaking a de novo review of the legal determinations recommended in the Report and Recommendation, the Court concludes that Magistrate Judge McCoun's Report and Recommendation should be confirmed and adopted.
Accordingly, it is now ORDERED and ADJUDGED as follows:
1. The Report and Recommendation of the Magistrate Judge (Dkt. 19) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this order for all purposes, including appellate review.
2. Defendants' Motion to Dismiss (Dkt. 8) is GRANTED. This action is dismissed with prejudice.
3. The Clerk is directed to TERMINATE all pending motions and deadlines and enter judgment accordingly, and close this case.
DONE AND ORDERED at Ft. Myers, Florida.