Opinion
File No. 1:05-CV-28.
March 19, 2008
ORDER
The Magistrate Judge's Report and Recommendation was filed February 20, 2008. (Paper 116.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' motion to dismiss (Paper 110) is DENIED. This matter is hereby returned to the Magistrate Judge for further proceedings.
The Court affirms, approves and adopts the Report and Recommendation, noting the apparent omission of a word in the second full paragraph on page 2, the third sentence of which should read: "With respect to ENE, Local Rule 16.3(b)(1) does not require ENE for prison conditions cases."
SO ORDERED.