Opinion
CASE NO. C07-5226RBL-KLS.
March 12, 2009
ORDER
The Court, having reviewed defendant's supplemental motion to dismiss/motion for summary judgment (Dkt. #57), the Report and Recommendation of United States Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) Antolin Andrew Marks' filing of objections purportedly on behalf of plaintiff were not considered and will be STRICKEN [Dkt. #60]. Marks' Motion to File Amicus Brief [Dkt. #61] is DENIED.
(2) The Court adopts the Report and Recommendation;
(3) Defendant's motion is GRANTED;
(4) Plaintiff's complaint is hereby DISMISSED without prejudice;
(5) The Clerk is directed to send copies of this Order to plaintiff, defendant's counsel and Magistrate Judge Karen L. Strombom.