Opinion
CIVIL ACTION NO. 07-9255 SECTION: "F"(5).
October 29, 2008
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that defendant's motion for summary judgment, rec. doc. 67, is GRANTED and that plaintiffs' claims are DISMISSED WITHOUT PREJUDICE, but with prejudice for the purpose of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.
IT IS FURTHER ORDERED that the motion for summary judgment filed on behalf of plaintiffs, Coindell Bryant and John Smith, rec. doc. 30, is DENIED.