Opinion
Civil Action No. 99-0975-P-S
July 17, 2000
JUDGMENT
In accordance with the Order entered this date, it is ORDERED, ADJUDGED, and DECREED that plaintiff's action is hereby DISMISSED with prejudice pursuant to Fed.R.Civ.P. 41(b), for failure to prosecute and that the sum of $12.00 be remitted to the business manager at Fountain Correctional Facility, on plaintiff's behalf, to be deposited in plaintiff's inmate account (#128651A). No costs are to be taxed.
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
On June 22, 2000, the Magistrate Judge issued a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), recommending that plaintiff's action be dismissed for plaintiff's failure to comply with the court's Order and to prosecute this action (doc. 19). No objections have been filed and this court finds that the Report and Recommendation is due to be adopted as the opinion of this court.
The date the Report and Recommendation was issued, plaintiff filed a "Motion for a Hearing" (doc. 18). In reviewing the Report and Recommendation, this court considered plaintiff's request for a hearing. Following consideration of all matter relevant to plaintiff's request, the Motion is DENIED.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge be ADOPTED as the opinion of this court and that plaintiff's action is hereby DISMISSED with prejudice pursuant to Fed.R.Civ.P. 41(b), for failure to prosecute. It is further ORDERED that the Clerk REMIT the sum of $12.00 to the business manager at Fountain Correctional Facility, on plaintiff's behalf, to be deposited in plaintiff's inmate account (#128651A).