Opinion
9:08-CV-470 (TJM/DEP).
March 9, 2009
DECISION ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In a Report and Recommendation dated October 31, 2008, Magistrate Judge Peebles recommended that Defendants' motions for dismissal be granted and that Plaintiff's complaint be dismissed with leave to replead. Plaintiff has filed objections to the recommendation.
II. STANDARD OF REVIEW
III. DISCUSSION
de novo See28 U.S.C. § 636Id. de novo
ORDERED that Defendants' motions for dismissal [dkt. # 13 # 26] are GRANTED and the action is DISMISSED in its entirety with leave to replead. Plaintiff's pending motion for appointment of counsel [dkt. # 32] is DENIED AS MOOT.