Opinion
Civil Action No. 08 — 619.
November 10, 2008
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a Motion for Leave to Proceed In Forma Pauperis (doc. no. 1) on May 7, 2008, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation on October 16, 2008 (doc. no. 9), recommending that Complaint be dismissed for failure to state a claim upon which relief could be granted. Plaintiff was served with the Report and Recommendation at both addresses listed on his Complaint and was advised that he had until November 3, 2008 to file objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 10th day of November, 2008;IT IS HEREBY ORDERED that the Complaint is DISMISSED for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 9) of Magistrate Judge Lenihan dated October 16, 2008, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.