Smith v. Preference Personell

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION 4 by Chief Judge Ralph R. Erickson. Plaintiff's Complaint is dismissed without prejudice. (SH) (Main Document 5 replaced on 10/6/2010 to correct defendant names) (lf).

-KKK Smith v. Preference Personell

Doc. 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Manuel Smith, III, Plaintiff, -vsPreference Personnel, David Dietz, and Kendra Goette, Defendants. ) ) ) ) ) ) ) ) ) )

Case No. 3:10-cv-72 ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff's Complaint in this action alleges Preference Personnel 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 (Doc. #3, pp. 5-6). Plaintiff named as defendants Preference Personnel along with Preference Personnel employees David Dietz and Kendra Goette. Id. 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 as to all named defendants. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 6th day of October, 2010. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

Dockets.Justia.com