Opinion
Case No. 6:02-cv-1354-Orl-28DAB.
February 27, 2006
ORDER
This case is before the Court on Motion to Dismiss Count II of First Amended Complaint (Doc. No. 199) filed January 11, 2006 and Plaintiff's Motion for Leave to File a Reply (Doc. No. 203) filed January 30, 2006. The United States Magistrate Judge has submitted a report recommending that the Motion to Dismiss Count II of First Amended Complaint (Doc. No. 199) be granted and the Motion for Leave to File a Reply (Doc. No. 203) be denied as moot.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed February 7, 2006 (Doc. No. 206) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion to Dismiss Count II of First Amended Complaint (Doc. No. 199) is GRANTED.
3. The Motion for Leave to File a Reply (Doc. No. 203) is DENIED as moot.
DONE and ORDERED.