WEAVER v. NORFOLK SOUTHERN RAILWAY COMPANY

After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated January 18, 2011, is ADOPTED as the opinion of this Court.

It is ORDERED that the Petitioner's Motion to Dismiss is GRANTED and this action DISMISSED without prejudice.

DONE and ORDERED this the 3^rd day of February 2011.