Opinion
CIVIL ACTION NO. 3:08-1259.
May 20, 2011
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court dismiss this civil action without prejudice, for failure to prosecute; deny Plaintiff's Application to Proceed Without Prepayment of Fees and Costs as moot; and remove this action from the docket of this Court. Neither party has filed objections to the Magistrate Judge's findings and recommendation.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES this civil action without prejudice, for failure to prosecute; DENIES Plaintiff's Application to Proceed Without Prepayment of Fees and Costs as moot; and REMOVES this action from the docket of this Court, consistent with the findings and recommendation.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.