Opinion
2:06-CV-693-ID WO.
October 16, 2006
ORDER
On September 26, 2006, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon CONSIDERATION of the Recommendation of the Magistrate Judge which is hereby ADOPTED, it is ORDERED that:
1. Plaintiff's September 18, 2006 motion to dismiss defendant John Nagle (Doc. No. 10) be and the same is hereby GRANTED;
2. Defendant Nagle be and he is hereby DISMISSED without prejudice as a party to this complaint; and
3. this case, with respect to the remaining defendants, be and the same is hereby REFERRED back to the magistrate judge for additional proceedings.