Opinion
Civ. No. 08-5922 (ADM/RLE).
July 22, 2009
ORDER ADOPTING THE REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED:
1. That this action be dismissed without prejudice, as to the Defendant Stacy Corbo, for the Plaintiff's failure to comply with this Court's Order of May 26, 2009, for failure to effect proper service on the Defendant Stacy Corbo, and for lack of prosecution.
2. That the Plaintiff's Motion for Declaration of Default [Docket No. 12] be denied as moot.