ROGER HUNT, District Judge
Before this Court is the Findings and Recommendation of United States Magistrate Judge (#45, filed December 12, 2007), entered by the Honorable George W. Foley, regarding Defendants' Motion for Summary Judgment (#38, filed August 30, 2007). No objection was filed to Magistrate Judge Foley's Findings and Recommendation of United States Magistrate Judge in accordance with Local Rule IB 3-2 of the Rules of Practice of the United States District Court for the District of Nevada, and the matter was submitted for consideration.
The court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1)(B) and (C) and Local Rule IB 3-2 and determines that the Findings and Recommendation of Magistrate Judge Foley should be accepted and adopted.
IT IS THEREFORE ORDERED that Magistrate Judge's Report and Recommendation (#45, entered December 12, 2007) is ACCEPTED, AFFIRMED, and ADOPTED; Defendants' Motion for Summary Judgment is DENIED as to Count I of Plaintiff's amended complaint, and GRANTED as to Counts II and III.