Opinion
No. 5:10CV00140 JLH/JTR.
August 30, 2010
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Plaintiff's Motion to Dismiss (docket entry #40) is GRANTED, and separate Defendant Phieffer is VOLUNTARILY DISMISSED, WITHOUT PREJUDICE, from this action.
2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith.