Opinion
Civil Action No. 3:02-CV-1258-D
January 29, 2004
ORDER
After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the conclusions are correct. It is therefore ordered that the conclusions and recommendation of the magistrate judge are adopted, and defendant Patrick Starr's ("Starr's") November 3, 2003 motion for summary judgment is granted.
Because the court is deciding a motion for summary judgment, it has not considered any factual findings that may be included in the magistrate judge's recommendation.
In his January 15, 2004 objections to the magistrate judge's recommendation, plaintiff requests additional time to receive certain legal documents. See P. Objs. at 9. Plaintiff was required to request this relief, however, under Fed.R.Civ.P. 56(f), before the magistrate judge filed his recommendation. Even if a Rule 56(f) would now be timely, plaintiff has not complied with that rule.
This case is set on the court's June 21, 2004 trial docket. Because Starr is the only defendant who has been served and the action against him is being dismissed today, the court vacates the trial setting order.
SO ORDERED.