Opinion
CIVIL ACTION NO. 5:09-CV-269 (MTT).
August 21, 2010
ORDER
This case is before the Court on the Recommendation (Doc. 31) (the "Recommendation") of United States Magistrate Judge Claude W. Hicks, Jr. on Defendant Bill Kissell's Motion to Dismiss (Doc. 14). The Magistrate Judge recommends dismissing the Plaintiff's case for failure to state a claim. The Plaintiff has objected to the Recommendation (Doc. 35). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Petitioner's Objection and has made a de novo determination of the portions of the Recommendation to which Petitioner objects.
The Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Recommendation is adopted and made the order of this Court. The Motion to Dismiss (Doc. 14) is GRANTED.