Opinion
CASE NO.: 3:07cv461/LAC/MD.
May 19, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 17, 2008. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The defendants' motion for partial summary judgment/motion to dismiss (doc. 15) is GRANTED as follows:
Claims 1 through 4 of plaintiff's complaint shall be dismissed with prejudice; and
Claim 5 shall be dismissed without prejudice to plaintiff's filing, within thirty days of this order, of a motion for leave to re-open case, accompanied by a third amended complaint that comports with the guidelines set forth in the report and recommendation. Absent such a filing, judgment will become final as to all counts.
3. Plaintiff's motion to deny defendants' motion and grant plaintiff's discovery/summary judgment (doc. 21) is DENIED.
DONE AND ORDERED.