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Scott v. Blackburn

September 28, 2010

TEMARCUS SCOTT, PLAINTIFF,
v.
XAVIER BLACKBURN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This matter is before the Court on a Report and Recommendation ("R&R") issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Frazier (Doc. 7). The R&R sua sponte recommends that Plaintiff's Complaint be dismissed without prejudice as it appears that Plaintiff was released from prison and he failed to provide an appropriate mailing address as well as failed to pay his initial filing fee or complete the USM-285 forms as Ordered.

The R&R was sent to the Parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen days of service. As of this date, the allotted time has expired and no objections have been filed. Therefore, pursuant to 28 U.S.C. § 636(b) this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the R&R (Doc. 7) in its entirety and DISMISSES Plaintiff's Complaint without prejudice. The Court will close the file.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100928

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