Summary
denying Rule 12(b) motion to dismiss because "[t]he Rule does not envision that a motion to dismiss will be combined with an answer"
Summary of this case from Gambrel v. Knox Cnty.Opinion
Case No. 2:07-cv-846.
December 23, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael R. Merz (Doc. No. 42), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired on August 8, 2008, hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that Respondent's Motion to Dismiss be, and it hereby is, denied.