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OMAR REZAQ, Plaintiff, v. MICHAEL NALLEY, RON WILEY, MICHAEL MUKASEY, and FEDERAL BUREAU OF PRISONS, Defendants.

ORDER

LEWIS BABCOCK, Chief District Judge

This case is before me on the recommendation of the Magistrate Judge issued and served on November 13, 2008 (Doc 57). Neither Plaintiff nor Defendants have filed specific written objections to the Magistrate Judge's recommendation and they are therefore barred from de novo review. Accordingly, it is

ORDERED that the recommendation is accepted and Defendants' Motion to Dismiss (Doc 37) is GRANTED IN PART AND DENIED IN PART as follows:

1. Claims I(b) and II are construed as a single due process claim relating to Plaintiff's ongoing placement in the D Unit at ADX and his current conditions of confinement and that claim shall proceed; and

2. Claims I(a), III and IV of Plaintiff's complaint are DISMISSED.

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REZAQ v. NALLEY
(Dec 10, 2008)