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JEFFREY FORTER, Plaintiff, v. ELMER BUSTOS, et al., Defendants.

ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT

BRUCE BLACK, District Judge

THIS MATTER comes before the Court on consideration of Plaintiff's Motion for Partial Summary Judgement [sic], filed November 17, 2004 [Doc. 15], Defendants' Response, [sic] to Plaintiff's Motion, and Cross Motion for, Summary Judgment, filed March 30, 2005 [Doc. 31] and the Magistrate Judge's Proposed Findings and Recommended Disposition ("PFRD"), filed May 10, 2007 [Doc. 52]. No objections have been filed to the PFRD. Having considered the same, the Court finds that the proposed findings of the Magistrate Judge will be adopted and the parties' cross-motions for summary judgment will be denied without prejudice to either party's right to re-file a motion for summary judgment or other appropriate pleadings.

WHEREFORE,

IT IS ORDERED that the proposed findings of the United States Magistrate Judge [Doc. 52] are adopted by the Court.

IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgement [sic] [Doc. 15] and Defendants' Response, [sic] to Plaintiff's Motion, and Cross Motion for, Summary Judgment [Doc. 31] be denied without prejudice.

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FORTER v. BUSTOS
(Jun 1, 2007)