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Michael A. Haywood v. Douglas N. Gericke

November 29, 2012

MICHAEL A. HAYWOOD, PLAINTIFF,
v.
DOUGLAS N. GERICKE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. VIRGINIA A. Phillips United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination.

Nothing in the Objections refutes the Magistrate Judge's finding that Plaintiff failed, on multiple occasions, to file a First Amended Complaint as directed by the Court. Nor does Plaintiff ever attempt to remedy this deficiency, even though he has been given ample opportunity to do so. The Court also finds Plaintiff's argument that the Magistrate Judge engaged in "a pattern of racketeering and the corruptly [sic] obstruction of the judicial legal process" unpersuasive. (Obj. at 7.)

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted.

2. Judgment be entered dismissing this action without prejudice.

3. The Clerk serve copies of this Order and the Judgment on the parties.

20121129

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