Opinion
CASE NO. 4:08CV2722.
March 29, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Defendant Dana Orenic's ("Defendant") Motion to Dismiss. (Dkt. # 8). On March 18, 2009, this Court issued an order assigning this case to Magistrate Judge Benita Y. Pearson for general pre-trial supervision. (Dkt. # 7). On March 5, 2010, the Magistrate Judge issued a Report and Recommendation ("R R"), recommending that the Court (1) sua sponte convert Defendant's Rule 12(b)(6) motion into a motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(d); (2) grant the motion for summary judgment; and (3) dismiss the Plaintiff's cause of action with prejudice. (Dkt. # 42). On March 25, 2010, Plaintiff filed objections to the R R. (Dkt. # 43).
The Court has reviewed the R R de novo, and finds that it is well-supported. The Court has also reviewed Plaintiff's objections and finds that they are without merit.
Therefore, the Magistrate Judge's R R is hereby ADOPTED. (Dkt. # 42). Defendant's Motion for Summary Judgment is GRANTED and Plaintiff's cause of action is hereby DISMISSED with prejudice. (Dkt. # 8).