WHYTE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS

EDWARD J. GARCIA, District Judge

Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21).

On October 23, 2003, the magistrate judge filed findings and recommendation herein which were served on plaintiff. Plaintiff has not filed objections to the findings and Recommendation.

The court has reviewed the file and finds the findings and Recommendation to be supported by the Record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendation filed October 23, 2003, are adopted in full; and

2. Defendants United States Department of Veterans Affairs and Ralph William Osborne are dismissed with prejudice for failure to properly serve summons and complaint pursuant to Rule 4. See Fed.R.Civ.P. 4(i), (m); Fed.R.Civ.P. 41(b).