Filing 35

ORDER ADOPTING 34 Report and Recommendations and DISMISSING as moot 26 Motion to Dismiss. The Plaintiffs complaint is DISMISSED without prejudice for failure to prosecute. Ordered by Judge Marc Thomas Treadwell on 4/19/2013. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION JUAN CARLOS ORTIZ, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DR. EDWARD BURNSIDE, et al., Defendants. CIVIL ACTION NO. 5:12-CV-190(MTT) ORDER Before the Court is Magistrate Judge Charles H. Weigle’s Recommendation (Doc. 34) to dismiss the Plaintiff’s case because he has failed to prosecute his complaint and to deny the Defendants’ Motion to Dismiss (Doc. 26) as moot. Neither party has objected to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Plaintiff’s complaint is DISMISSED without prejudice for failure to prosecute, and the Defendants’ Motion to Dismiss is DENIED as moot. SO ORDERED, this 19th day of April, 2013. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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