4:04cv447. March 22, 2007 MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD SCHELL, District Judge Came on for consideration the above-referenced civil action, this Court having heretofore ordered this case be referred to the United States Magistrate Judge for all pretrial purposes. The report of the United States Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of "Motion to Dismiss Plaintiff's Failure