Opinion
1:22-cv-708
09-08-2023
ORDER
This matter is before the court for review of the Memorandum Opinion and Recommendation (“Recommendation”) filed on August 7, 2023, by the Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 24.) The Recommendation was served on the parties on August 7, 2023. (Doc. 25.) In the Recommendation, the Magistrate Judge recommends that Respondent's Motion for Summary Judgment be granted. (Id.) Petitioner filed an Objection to the Recommendation, (Doc. 26), and Respondent filed a Response, (Doc. 27).
This court is required to “make a de novo determination of those portions of the [Magistrate Judge's] report or specified proposed findings or recommendation to which objection is made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the [M]agistrate [J]udge . . . . or recommit the matter to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the Recommendation, as well as Petitioner's Objections and Respondent's Response, and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. The court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 24), is ADOPTED. IT IS FURTHER ORDERED that Respondent's Motion for Summary Judgment, (Doc. 13), is GRANTED, and this action is DISMISSED.
A Judgment dismissing this action will be entered contemporaneously with this Order.