Opinion
CASE NO. C09-0505-MJP-MAT.
March 10, 2010
ORDER GRANTING MOTION TO DISMISS AND DISMISSING § 1983 ACTION AS TO DEFENDANT KERLIKOWSKE
The Court, having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant Kerlikowske's motion to dismiss (Dkt. 93) is GRANTED;
(3) The complaint and this action are DISMISSED with prejudice as to defendant Kerlikowske; and
(4) The Clerk is directed to send copies of this Order to the parties and to Judge Theiler.
DATED this 20 day of April, 2010.