Opinion
Civil Action No. 04-1752.
December 18, 2006
ORDER
AND NOW, this 16th day of Dec, 2006, after the plaintiff, Kevin W. Thorpe, filed an action in the above-captioned case, and after a motion for summary judgment was filed by defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and objections having been filed by plaintiff, and upon independent review of the record and the motion, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Defendants' motion to dismiss the amended complaint is converted into a motion for summary judgment and the motion for summary judgment is granted.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the plaintiff desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.