SMITH v. FISCHER

DAVID HURD, District Judge

Plaintiff, Victor Smith commenced this civil rights action in December 2007, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated November 24, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion for to dismiss for failure to state a claim (Docket No. 38) be granted without leave to amend. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The defendants' motion to dismiss for failure to state a claim is GRANTED;

2. Plaintiffs' complaint is DISMISSED; and

4. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.