Opinion
Case No. 5:05cv27-RH/WCS.
October 19, 2005
ORDER DENYING SUMMARY JUDGMENT MOTION
This matter is before the court on the magistrate judge's report and recommendation (document 40), and the objections thereto (document 45). I have reviewed de novo the issues raised by the objections. Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the opinion of the court. Defendant's motion for summary judgment (documents 9 and 10) is DENIED. This matter is remanded to the magistrate judge for further proceedings.
SO ORDERED.