Opinion
Civil Action No. 3:04CV29, (BROADWATER).
September 29, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated July 27, 2005. On August 8, 2005, the defendants filed objections to the Report. Therefore, in the interests of justice and in accordance with 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted. The Court further ORDERS that Defendants' Motion to Dismiss or in the Alternative for Summary Judgment (Docket # 22) is hereby DENIED.
The Clerk is directed to transmit true copies of this Order to the plaintiff and all counsel of record herein.