FRED BIERY, District Judge
Before the Court is the Memorandum and Recommendation (docket no. 10) of the United States Magistrate Judge. No objections to the Memorandum and Recommendation have been filed.
Any party who desires to object to a Magistrate's findings and recommendations must serve and file his written objections within ten days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). Service upon a party must be made by mailing a copy to the party's last known address. Fed.R.Civ.P. 5(b). "Service by mail is complete upon mailing."Id. Mail addressed to plaintiff containing a copy of the Memorandum and Recommendation was returned to the Office of the District Clerk by the United States Post Office marked "unclaimed."
Because no party has objected to the Magistrate Judge's Memorandum and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Memorandum and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).
Accordingly, it is hereby ORDERED that the Memorandum and Recommendation (docket no. 10) of the United States Magistrate Judge is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that defendants' motion for summary judgment (docket no. 9) is GRANTED and plaintiff's claims against defendants are DISMISSED.
IT IS FURTHER ORDERED that the above-styled and numbered cause is DISMISSED. Motions pending with the Court, if any, are dismissed as moot.
It is so ORDERED.