ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
CHRISTINA A. SNYDER, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, Defendant's Motion for Summary Judgment, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that Defendant's Motion for Summary Judgment, construed as an unenumerated Rule 12(b) motion in abatement, is GRANTED.
IT IS FURTHER ORDERED that Judgment shall be entered dismissing this action without prejudice.
The Clerk shall serve copies of this Order and the Judgment herein on Plaintiff at his current address of ...