SMITH v. McCOEY

W. WATKINS, District Judge

On October 10, 2007, the Magistrate Judge filed a Recommendation (Doc. # 6) in this case. The plaintiff did not file an objection. After an independent and de novo review of the record, it is the ORDER, JUDGMENT and DECREE of the Court that:

1. The Recommendation (Doc. # 6) of the Magistrate Judge is ADOPTED.

2. This case is DISMISSED without prejudice in accordance with the directives of 28 U.S.C. §§ 1915(e)(2)(B)(i)-(iii).

An appropriate judgment will be entered.