McDOWELL v. STEWART

GARY SHARPE, Magistrate Judge

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed February 6, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed February 6, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that Stewart's motion to dismiss (Docket No. 49) is GRANTED and that the Second Amended Complaint is DISMISSED in all respects as to Stewart, and it is further

ORDERED, that the Clerk of the Court is to mail a copy of this order on all parties by regular mail.

IT IS SO ORDERED.