Opinion
Case No. CIV-08-744-M.
November 4, 2008
ORDER
On September 17, 2008, United States Magistrate Judge Valerie K. Couch issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. § 1651(a), seeking a writ of mandamus. Based upon petitioner's failure to pay the filing fee, to file a motion for leave to proceed in forma pauperis, or to request an extension of time to do so, the Magistrate Judge recommended that this action be dismissed without prejudice to the filing of a new action. Petitioner was advised of his right to object to the Report and Recommendation by October 7, 2008. A review of the file reveals no objection has been filed.
Accordingly, upon de novo review, the Court:
(1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on September 17, 2008; and
(2) DISMISSES this action without prejudice to the filing of a new action.