Opinion
Civil Action No. 05-cv-01691-EWN-MEH.
September 12, 2006
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION
This matter is before the court on the "Recommendation on Pending Dispositive Motions" filed July 26, 2006. No party has objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is
ORDERED as follows:
1. The recommendation is ACCEPTED.
2. Defendants' Motion to Dismiss (#44) is GRANTED. .
3. Plaintiff's Motion for Summary Judgment (#49) is DENIED.
4. This case is dismissed without prejudice for Plaintiff to pursue any state law claims in the appropriate forum.