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Smith v. Personell

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION


October 6, 2010

MANUEL SMITH, III, PLAINTIFF,
v.
PREFERENCE PERSONELL, DEFENDANT.

The opinion of the court was delivered by: Ralph R. Erickson, Chief Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff's Complaint in this action alleges Preference Personell [sic] engaged in unlawful employment practices when it refused to reschedule a job interview because he was not given sufficient notice to utilize metro area transit to attend the interview. The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending Plaintiff's Complaint be dismissed without prejudice (Doc. #4). Plaintiff has not objected to the Report and Recommendation within the requisite time period.

The Court has reviewed the Report and Recommendation along with the entire file and finds the magistrate judge's analysis is correct. The Court hereby adopts the Report and Recommendation in its entirety. For the reasons stated therein, Plaintiff's Complaint is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20101006

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