Opinion
C.A. No. 08-346S.
November 21, 2008
ORDER
The Report and Recommendation of United States Magistrate Judge Lincoln D. Almond filed on November 4, 2008 in the above-captioned matter is accepted pursuant to Title 28 United States Code § 636(b)(1). Petitioner's appeal to the Magistrate Judge's Report and Recommendation is DENIED. Respondent's Motion to Dismiss is GRANTED. This matter is hereby dismissed with prejudice.