Opinion
Civil Action No. 98-0685-P-L
March 30, 2001
JUDGMENT
In accordance with the Order entered this date, it is ORDERED, ADJUDGED, and DECREED that plaintiff Alex Lee Thompson's claims against named defendants Dr. Wilson, C.M.S. (medical services), and Warden Willie Johnson be DISMISSED with prejudice pursuant to Fed.R.Civ.P. 41(b), for plaintiff's failure to prosecute. No costs are to be taxed.
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
On March 6, 2001, the Magistrate Judge issued a Report and Recommendation pursuant to 28 U.S.C. § 636 (b)(1)(B), recommending that plaintiff's action be dismissed with prejudice for plaintiff's failure to prosecute, and obey a court order (doc. 36).
On March 15, 2001, plaintiff responded by letter (doc. 37), and filed a Motion to Dismiss (doc. 38). Therein, plaintiff expresses his intention to "abandon" this action. "Plaintiff has no objections to the Magistrate Judges's Report and Recommendation of consideration of the Plaintiff's failure to respond as an abandonment of prosecution . . . Plaintiff has no objection toward dismissal of the . . . action." (doc. 38).
Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo review of the Report and Recommendation of the Magistrate Judge and of plaintiff's response thereto, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED as the opinion of this court and that plaintiff's claims against named defendants Dr. Wilson, C.M.S. (medical services), and Warden Willie Johnson be and are hereby DISMISSED with prejudice pursuant to Fed.R.Civ.P: 41(b), for failure to prosecute.