McGEE v. FENEIS

PATRICK SCHILTZ, District Judge

This matter is before the Court on the August 18, 2009 Report and Recommendation ("R R") of Magistrate Judge Franklin L. Noel. Judge Noel recommends granting defendants' motion to dismiss and for summary judgment.

McGee's objection to the R R was due on or before September 1, 2009. McGee did not timely file an objection. The Court therefore adopts Judge Noel's R R, grants defendants' motion, and dismisses McGee's complaint.

Based on the foregoing and on all of the files, records, and proceedings herein, the Court ADOPTS Judge Noel's Report and Recommendation [Docket No. 86]. Accordingly, IT IS HEREBY ORDERED THAT:

1. Defendants' motion to dismiss and for summary judgment [Docket No. 66] is GRANTED.

2. This case is DISMISSED WITH PREJUDICE AND ON THE MERITS.

LET JUDGMENT BE ENTERED ACCORDINGLY.