Opinion
Case No. 2:07-15-KRG-KAP, Case No. 2:07-166-KRG-KAP.
February 27, 2007
MEMORANDUM ORDER
These matters were referred to Magistrate Judge Keith A. Pesto for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and subsections 3 and 4 of Local Rule 72.1 for Magistrate Judges.
On February 12, 2007, the Magistrate Judge filed a Report and Recommendation recommending that the complaint in Coleman v. Herbik, Case No. 2:07-cv-15-KRG-KAP, be dismissed without prejudice to filing an amended complaint at Coleman v. Herbik, Case No. 2:07-cv-166-KRG-KAP.
The plaintiff was notified that pursuant to 28 U.S.C. § 636(b)(1), he had ten days to serve and file written objections to the Report and Recommendation. Plaintiff filed a motion to amend Coleman v. Herbik, Case No. 2:07-cv-166-KRG-KAP, docket no. 6, and not objecting to the dismissal of Coleman v. Herbik, Case No. 2:07-cv-15-KRG-KAP.
After de novo review of the record of these matters together with the Report and Recommendation, the following order is entered:
AND NOW, this 27th day of February, 2007, it is
ORDERED that the complaint at Coleman v. Herbik, Case No. 2:07-cv-15-KRG-KAP is dismissed pursuant to Fed.R.Civ.P. 42(a), without prejudice to plaintiff filing an amended complaint atColeman v. Herbik, Case No. 2:07-cv-166-KRG-KAP. The Report and Recommendation is adopted as the Opinion of the Court. The Clerk shall mark Coleman v. Herbik, Case No. 2:07-cv-15-KRG-KAP, closed.