Opinion
CASE NO. C07-0482-JLR.
March 13, 2009
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT
The Court, having reviewed plaintiff's amended civil rights complaint, Dr. Andres Munk's motion for summary judgment, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, Objections to the Report Recommendation (Dkt 162) and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Dr. Munk's motion for summary judgment (Dkt. No. 140) is GRANTED;
(3) Plaintiff's cross-motion for summary judgment (Dkt. No. 150) is DENIED;
(4) Plaintiff's amended complaint and this action are DISMISSED with prejudice as to Dr. Munk; and
(5) The Clerk is directed to send copies of this Order to plaintiff, to counsel for Dr. Munk, and to the Honorable Mary Alice Theiler.