Opinion
CIVIL ACTION NO. 1:06-CV-1354.
October 4, 2007
ORDER
Before the Court in the captioned action is a September 13, 2007 report of the magistrate judge recommending that the motion for summary judgment be denied in its entirety. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge Smyser.
2) The Defendant's Motion (Doc. No. 35) for Summary Judgment is DENIED.