Opinion
Civil 09-2226 JNE/FLN.
April 13, 2010
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated March 22, 2010, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that Defendant's motion to dismiss and alternative motion for summary judgment [#9] is GRANTED.