Opinion
No. 3:11-CV-1466
02-28-2012
(JUDGE CAPUTO)
(MAGISTRATE JUDGE SMYSER)
ORDER
NOW this 28th day of February, 2012, upon review of the Report and Recommendation of Magistrate Judge J. Andrew Smyser (Doc. 20) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 20) is ADOPTED.
(2) The Action is DISMISSED WITHOUT PREJUDICE.
(3) The Clerk of Court is directed to mark the case as CLOSED.
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A. Richard Caputo
United States District Judge