*1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Darrian Rachel,

Plaintiff,

v. Case No. 1:09cv424 United States Postal Service, Judge Michael R. Barrett

Defendant.

ORDER This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on November 3, 2009 (Doc. 6)

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge’s Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge’s Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Defendant’s Motion to Dismiss (Doc. 3) is GRANTED . This matter is DISMISSED.

IT IS SO ORDERED.

S/Michael R. Barrett Michael R. Barrett United States District Judge