Opinion
Case No. C04-5620RJB.
March 13, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed Plaintiffs' complaint, the Report and Recommendation of Magistrate Judge J. Kelley Arnold, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant's motion for summary judgement is GRANTED. Plaintiff's motion to dismiss the action without prejudice is DENIED. This action is DISMISSED WITH PREJUDICE
(3) The Clerk is directed to send copies of this Order to plaintiff, counsel for defendant, and to the Hon. J. Kelley Arnold.