Opinion
Case No. 5:03cv192/MCR/EMT.
October 14, 2005
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 13, 2005. 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). I have made a de novo determination of any timely filed objections.
Having considered the report and recommendation, and any 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. Defendant's motion for summary judgment (Doc. 33) is GRANTED IN PART. Summary judgment is GRANTED to Defendant in his official capacity. Additionally, summary judgment is GRANTED to Defendant in his individual capacity on the issues of compensatory and punitive damages. Summary judgment is DENIED to Defendant in his individual capacity on the issue of nominal damages.
3. The clerk is directed to return the file to the assigned Magistrate Judge for further proceedings. Final judgment on all claims involving all parties will be entered at the conclusion of the case.