Opinion
3:06-cv-00668-LRH (RAM).
March 9, 2009
ORDER
The Court has considered the Report and Recommendation of U.S. Magistrate Judge Robert A. McQuaid, Jr. (#22) entered on February 10, 2009, in which the Magistrate Judge recommends that the Defendants' Motion to Dismiss (#10) be granted. No objection was filed. The Court has considered the pleadings and memoranda of the parties and other relevant matters of record and has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby
ADOPTS AND ACCEPTS the Report and Recommendation of the United States Magistrate Judge (#22); therefore, Defendants' Motion to Dismiss (#10) is GRANTED without prejudice.
IT IS FURTHER ORDERED that Defendants' Motion to Strike (#16) is GRANTED and Defendants' Motion for Enlargement of Time (#17) is DENIED AS MOOT.
The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.