Opinion
CIVIL ACTION NO. 4:19-CV-00850
03-26-2021
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On October 7, 2020, Defendant's Motion for Summary Judgment (Dkt. 28) and Plaintiff's Motion for Partial Summary Judgment (Dkt. 36) were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 64. On March 10, 2021, Judge Edison filed a Memorandum and Recommendation (Dkt. 68) recommending that both motions (Dkts. 28,36) be DENIED, and that this case proceed to trial on the merits.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 68) is APPROVED and ADOPTED in its entirety as the holding of the Court;
(2) Defendant's Motion for Summary Judgment (Dkt. 28) is DENIED; and
(3) Plaintiff's Motion for Partial Summary Judgment (Dkt. 36) is DENIED.
It is so ORDERED.
SIGNED and ENTERED this 26th day of March 2021.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE