October 11, 2013
TONY HILDEBRAND, Plaintiff,
UNITED STATES OF AMERICA, ASSISTANT WARDEN JONES, WARDEN RICARDO RIOS, DR. SCOTT MOATS, ASSISTANT HEALTH SERVICES ADMINISTRATOR DILTELMAN, and HEALTH SERVICES ADMINISTRATOR FREDDY GARRIDO, Defendants.
ORDER & OPINION
JOE BILLY McDADE, Senior District Judge.
This matter is before the Court on Defendant Freddy Garrido's Motion to Dismiss (Doc. 23), and Magistrate Judge Cudmore's Report & Recommendation ("R&R") recommending the Motion be granted in part (Doc. 35).
The parties were notified that failure to object to Judge Cudmore's September 23, 2013, R&R within fourteen days after service would constitute a waiver of any objections. (Doc. 35 at 11-12) ( citing 28 U.S.C. § 636(b)(1); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986)). Objections to the R&R were due by October 10, 2013, and none were filed. This Court has reviewed the R&R, and will adopt it in its entirety.
IT IS THEREFORE ORDERED that the Court ADOPTS the Report and Recommendation of the Magistrate Judge (Doc. 35) in full. Accordingly, Defendant Freddy Garrido's Motion to Dismiss (Doc. 23) is GRANTED IN PART. The claims against Defendant Garrido are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. The request to dismiss for improper venue is DENIED AS MOOT. This matter is REFERRED BACK to Magistrate Judge Cudmore for further pretrial proceedings.