Opinion
Civil No. 08-10432.
August 14, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
I have before me, Magistrate Judge Steven D. Pepe's Report and Recommendation on the State Defendants' Motion to Dismiss or, Alternatively for Summary Judgment ("Report"). In his Report, Magistrate Judge Pepe recommends that I grant Defendants' Motion to Dismiss with regard to all counts except the equal protection claim. The parties filed objections, responses, and a reply. Having considered the arguments submitted by the parties, I find that Magistrate Judge Pepe has thoroughly and correctly analyzed the issues and I agree with his recommendation. For these reasons, I OVERRULE the parties' objections, ADOPT Magistrate Judge Pepe's Report and DENY State Defendants' Motion to Dismiss with regard to the equal protection claim and GRANT Defendants' Motion to Dismiss with regard to all remaining counts.