Opinion
Civil No. 09-1024 (JMR/FLN).
April 6, 2010
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated March 19, 2010, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that Third-Party Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) [#38] is GRANTED in its entirety and Count I of the Third-Party Complaint as it pertains to Gayle Sanderson is DISMISSED WITH PREJUDICE.