ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN R. TUNHEIM, District Judge.
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, it is ORDERED:
The Court construing Plaintiff Daywitt's Motion to Dismiss as a Notice of Voluntary Dismissal, and, accordingly, that the present action, as alleged by Plaintiff Daywitt...
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