Bovarie

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 , alleging that he was frequently denied access to the prison law library and, as a result, deprived of access to the courts. Defendant filed a motion to dismiss pursuant to Rule 12(b), arguing that Plaintiff had failed to exhaust his administrative remedies before filing suit. On January 12, 2006, United States Magistrate Judge William McCu-rine issued a Report and Recommendation (“R & R”) recommending that this Court grant Defendant’s motion to dismiss. Plaintiff has not filed objections. For the reasons set forth below, the court wholly adopts the conclusions and findings contained in the R & R incorporated by reference herein.

The duties of the district court in connection with a Magistrate Judge’s R & R are set forth in the Federal Rules of Civil Procedure Rule 72(b) and 28 U.S.C. § 636 . The district court “shall make a de novo determination of those portions of the report ... to which objection is made, and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636 (b)(1); United States v. Raddatz,…