Opinion
Case No. 1:05-cv-914-MEF.
August 28, 2006
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:
1. The plaintiff's response (Doc. #33) to the Recommendation of the Magistrate Judge (Doc. #32) filed on August 7, 2006 is overruled;
2. The Recommendation of the Magistrate Judge entered on August 4, 2006 and supplemented on August 9, 2006 are adopted;
3. The defendants' motion to dismiss (Doc. #13) is GRANTED and counts five, six and seven of the plaintiff's complaint are dismissed with prejudice.
4. This matter is referred back to the Magistrate Judge for further proceedings.