Opinion
CASE NO. 5:09-cv-00338 BSM/JTR.
November 19, 2010
ORDER
The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray [Doc. No. 118] have been received. No objections have been filed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1. Defendant's motion for summary judgment [Doc. No. 61] is granted, and the case is dismissed with prejudice.
2. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.
IT IS SO ORDERED this 19th day of November, 2010.