TOLSON v. STATE

This matter comes before the Court on the Report and Recommendation ("R R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 31). The Court having considered the R R and the remaining record, and the parties having stipulated to the motion to dismiss, does hereby find and order as follows:

(1) The Court adopts the R R; and

(2) This action is DISMISSED without prejudice.

DATED this 1^st day of March, 2011.