Opinion
NO. 3:08-0964.
July 21, 2009
ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 19), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved.
Accordingly, the Defendant's Motion to Dismiss (Docket No. 13) is GRANTED and Plaintiff's Motion to Dismiss (Docket No. 17) is DENIED.
For the reasons stated in the Report and Recommendation, an appeal would not be taken in good faith. Therefore, Plaintiff is not certified to pursue an appeal in forma pauperis. 28 U.S.C. § 1915(a)(3).
This order shall constitute the final judgment in this case pursuant to Fed.R.Civ.P. 58.
IT IS SO ORDERED.