Opinion
01 Civ. 8288 (RCC) (JCF)
February 15, 2002
OPINION AND ORDER
By Report and Recommendation dated January 29, 2002, Magistrate Judge Francis recommended that the above-captioned case be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff filed this action on September 5, 2001, but has never served the defendant. In addition, plaintiff failed to respond to a letter from Judge Francis dated January 11, 2001, instructing plaintiff to inform the Court within two weeks of any reasons why the action should not be dismissed.
To date, plaintiff has not submitted any response to the Report and Recommendation and the 10-day period for filing objections has expired.See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72, 6(a) 6(e). Therefore, this Court, having reviewed the file in this matter and satisfied that there is no clear error, accepts and adopts the Report and Recommendahon of Magistrate Judge Francis in its entirety. The Complaint is dismissed without prejudice and the Clerk of the Court is directed to close this case.