Opinion
Civil Action No. 3:00-CV-0340-D
February 27, 2002
ORDER
After making an independent review of the pleadings, files, and records in this case, and the February 5, 2002 findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted, and defendants' July 2, 2001 motion for summary judgment is granted. This case is dismissed by separate judgment filed today.
The court does not make findings in deciding a motion for summary judgment, and there is no indication that the magistrate judge did so in his recommendation in this case. The magistrate judge appears to have entitled his recommendation in a manner similar to that typically used when making a recommendation concerning a dispositive motion. In adopting the recommendation of the magistrate judge, the court has neither adopted factual findings nor made factual findings of its own.
To the extent that plaintiff in her February 14, 2002 appeal and February 19, 2002 amended appeal attempts to rely on evidence not properly included in her opposition appendix and properly cited in her opposition brief before the magistrate judge entered his findings, conclusions, and recommendation, the court declines in its discretion to consider it.
SO ORDERED.