Opinion
No. 3:11-CV-391
04-02-2012
DAVID E. KATES, Plaintiff, v. B. A. BLEDSOE, et al Defendants.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE SMYSER)
ORDER
NOW this 2 day of April, 2012, upon review of Magistrate Judge Smyser's Report and Recommendation (Doc. 85) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 85) is ADOPTED.
(2) Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. 46) is DENIED.
(3) This case is RECOMMITTED to the Magistrate Judge.
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A. Richard Caputo
United States District Judge