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KENNARD WARFIELD, JR. and MARY ELLEN WARFIELD, Plaintiff, v. JAMES A. STEWART, et al., Defendants.

ORDER

JAMES WHITTEMORE, District Judge

BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendants James A. Stewart's and Terrill L. Stewart's Motion to Dismiss (Dkt. 32) be denied (Dkt. 51). Neither party filed written objections to the Report and Recommendation, and the time for doing so has expired.

After careful consideration of Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects.

This Court reviews the pertinent allegations pursuant to the standard set forth in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964 (2007). Applying this standard, the Court agrees with the Magistrate Judge's conclusions.

Accordingly, it is ORDERED AND ADJUDGED:

1) The Report and Recommendation (Dkt. 51) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2) Defendants James A. Stewart's and Terrill L. Stewart's Motion to Dismiss (Dkt. 32) is DENIED.

DONE AND ORDERED

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WARFIELD v. STEWART
(Nov 12, 2007)