Opinion
Civil No. 1:10-0032.
December 17, 2010
ORDER
On November 4, 2010, the Magistrate Judge issued a Report and Recommendation (Docket No. 41), to which the plaintiff has filed a timely objection (Docket No. 44). The plaintiff misunderstands the import of the Report and Recommendation. The Report and Recommendation recommends granting the Motion to Dismiss filed only by defendant Southern Hill Partners, Inc. His claims against the individual defendants, Les Helton, Sabrina Patterson and Gary Barrone remain pending. The court notes that the individual defendants have filed a Motion to Dismiss (Docket No. 36); however, that motion has not yet been addressed by the Magistrate Judge.
The objections filed by the plaintiff to the Report and Recommendation provide no basis to reject the Magistrate Judge's recommendation with regard to the Motion to Dismiss filed by defendant Southern Health Partners, Inc. That motion (Docket No. 27) is, therefore, GRANTED, and the claims against defendant Southern Health Partners, Inc. are DISMISSED WITH PREJUDICE.
This case is RETURNED to the Magistrate Judge for further handling under the original referral Order.
It is so ORDERED.
ENTER this 17th day of December 2010.