Opinion
2:07-CV-02002-PMP-GWF.
November 5, 2010
ORDER
Before the Court for consideration is Defendants R.L. Heise, Jr., and C. Campbell's Motion to Dismiss (Doc. #41), filed on November 24, 2009. On September 22, 2010, the Honorable George Foley, Jr., United States Magistrate Judge, entered a Report of Findings and Recommendations (Doc. #45) recommending that Defendants R.L. Heise, Jr., and C. Campbell's Motion to Dismiss (Doc. #41) should be granted in part and denied in part. On October 11, 2010, Defendants filed their Objections (Doc. #48).
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1) and determines that Magistrate Judge Foley's Report of Findings and Recommendation should be Affirmed. IT IS THEREFORE ORDERED that Magistrate Judge Foley's Report of Findings and Recommendation (Doc. #45) is Affirmed. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. #41) the retaliation claim against Defendant Campbell based on allegations that Campbell prevented Plaintiff from filing an administrative grievance be GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. #41) claim against Defendant Heise based on allegations that Heise destroyed Plaintiff's grievance is DENIED.
DATED: November 3, 2010.