Opinion
NO: CV-10-5099-JPH.
August 30, 2011
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This matter comes before the Court on the United States Magistrate Judge James P. Hutton's Report and Recommendation entered on July 11, 2011, ECF No. 30, recommending this Court grant the Defendant's Motion for Summary Judgment, ECF No. 26, and deny the Plaintiff's Motion for Summary Judgment, ECF No. 24. The deadline for filing objections has passed. No objections have been filed.
The district court affirms the determination of a United States Magistrate Judge unless that determination is clearly erroneous or contrary to law. LMR 3(b).
Having reviewed the report and recommendation, and finding no error, the Court adopts the magistrate judge's recommendations in their entirety.
Accordingly, IT IS ORDERED that:
1. The Report and Recommendation, ECF No. 30, to grant Defendant's Motion for Summary Judgment, ECF No. 26, and deny Plaintiff's Motion for Summary Judgment, ECF No. 24, is ADOPTED in its entirety.
2. Defendant's Motion for Summary Judgment, ECF No. 26, is GRANTED.
3. Plaintiff's Motion for Summary Judgment, ECF No. 24, is DENIED.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment for Defendant, forward copies to the parties, and close the file.