PATRICK SCHILTZ, District Judge
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated February 11, 2011. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1. Defendants' Motion to Dismiss, or Alternatively for Summary Judgment [Docket No. 30] is GRANTED;
2. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as it relates his claims against defendants Dr. Tran, Physician Assistant Sullivan and A.W. Vienyard in their individual capacities. The remainder of plaintiff's Complaint is DISMISSED WITH PREJUDICE.
3. Plaintiff's Motion for Request to Execute Demand Affidavit for Expert Review [Docket No. 29] is DENIED.
4. Plaintiff's Motion of Expert Identification/Disclosure Executed [Docket No. 41] is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 03/01/11