Opinion
No. 2:05cv27 Electronic Filing, Re: Doc. No. 12.
January 3, 2006
MEMORANDUM ORDER
On January 18, 2005, this case was referred to United States Magistrate Judge Ila Jeanne Sensenich for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 (b) (1) (A) and (B), and Rules 71.1.3 and 72.1.4 of the Local Rules for Magistrates.
The magistrate judge's report and recommendation, filed on November 17, 2005, recommended that the motion to dismiss filed by Defendants be granted, and that this action be dismissed without prejudice. The parties were allowed ten (10) days from the date of service to file objections. Service was made on all parties. Objections to the report and recommendation, in the form of a document entitled "Emergency Motion to Amend Complaint to cure deficiencies in Complaint" (Doc. No. 29), were filed by Plaintiffs on November 28, 2005. After de novo review of the pleadings and documents in the case, together with the report and recommendation and objections thereto, the following order is entered:
In a Memorandum Order dated December 29, 2005, this motion was denied.
AND NOW, this 3rd day of January, 2006;
IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants is granted, and that this action is dismissed without prejudice.
The report and recommendation of Magistrate Judge Sensenich, dated November 17, 2005, is adopted as the opinion of the court.