Opinion
03-CV-155A.
October 20, 2004
ORDER
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on June 27, 2003. On September 28, 2004, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion to dismiss and for judgment on the pleadings should be granted and the complaint dismissed.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. No objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant's motion to dismiss and for judgment on the pleadings is granted and the complaint dismissed.
IT IS SO ORDERED.