Opinion
No. 2:05CV120-P-D.
October 3, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
Upon consideration of the file and records in this action, including the Report and Recommendation of the United States Magistrate Judge dated September 14, 2006, and the September 27, 2006, objections to the Report and Recommendation, the court finds that the plaintiff's objections are without merit and that the Magistrate Judge's Report and Recommendation should be approved and adopted as the opinion of the court.
It is, therefore, ORDERED:
1. That the court's September 26, 2006, final judgment is hereby RESCINDED.
2. That the Report and Recommendation of the United States Magistrate Judge dated September 14, 2006, is hereby APPROVED AND ADOPTED as the opinion of the court.
3. That the motion by the defendants for summary judgment is hereby GRANTED.
4. That the motion by the plaintiff for summary judgment is hereby DENIED.
5. That judgment shall be ENTERED for the defendants.
6. That in light of this ruling, all motions currently pending in this case are hereby DISMISSED as moot.
7. That this case is hereby CLOSED.