Opinion
Case No. 08-10095.
December 30, 2008
ORDER ACCEPTING REPORT AND RECOMMENDATION
This matter is before the Court on Magistrate Judge R. Steven Whalen's Report and Recommendation, dated November 26, 2008. To date, none of the parties have filed objections to the Magistrate Judge's Report and Recommendation.
The Magistrate Judge recommended that the Court grant Defendant's Motion for Summary Judgment and deny Plaintiff's Motion for Summary Judgment. After careful review and consideration, the Court finds that the Magistrate Judge reached the correct conclusion for the proper reasons.
The Magistrate Judge construed Plaintiff's Brief on Appeal as a Motion for Summary Judgment. See Doc. No. 10.
Accordingly,
IT IS ORDERED that the Report and Recommendation of Magistrate Judge R. Steven Whalen's [Docket No. 14, filed November 26, 2008] is ACCEPTED and ADOPTED as this Court's findings and conclusions of law.
IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment [Docket No. 13, filed July 15, 2008] is GRANTED.
IT IS FURTHER ORDERED that this CAUSE OF ACTION is DISMISSED WITHOUT PREJUDICE.
I hereby certify that a copy of the foregoing document was served upon counsel of record on December 30, 2008, by electronic and/or ordinary mail.