Opinion
Case No.: 3:07cv267/RV/EMT.
December 8, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated November 5, 2008 (Doc. 40). Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's motion for either appointment of counsel or dismissal of this civil rights case, without prejudice (Doc. 39) is DENIED to the extent he seeks appointment of counsel and GRANTED to the extent he seeks voluntary dismissal of this action.
3. This case is DISMISSED without prejudice.
DONE AND ORDERED