Opinion
Case No. 1:09-cv-153 (WLS).
January 14, 2011
ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed December 14, 2010. (Doc. 35). It is recommended that Plaintiff's action ( see Docs. 1, 15, 21) be dismissed without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute. (Doc. 35).
The Report and Recommendation provided the Parties with fourteen (14) days from the date of its service to file written objections to the recommendations therein. ( Id.). The period for filing objections expired on December 31, 2010; no objections have been filed to date. ( See Docket).
The Parties were given an additional three days because service was made by mail. See Fed.R.Civ.P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address).
Upon full review and consideration of the record, the Court finds that said Report and Recommendation (Doc. 35) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Plaintiff's action ( see Docs. 1, 15, 21) is DISMISSED WITHOUT PREJUDICE. SO ORDERED, this 14th day of January 2011.