THOMAS v. UTILITY TRAILER MANUFACTURING COMPANY

MARK FULLER, District Judge

After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:

1. The plaintiff's response (Doc. #33) to the Recommendation of the Magistrate Judge (Doc. #32) filed on August 7, 2006 is overruled;

2. The Recommendation of the Magistrate Judge entered on August 4, 2006 and supplemented on August 9, 2006 are adopted;

3. The defendants' motion to dismiss (Doc. #13) is GRANTED and counts five, six and seven of the plaintiff's complaint are dismissed with prejudice.

4. This matter is referred back to the Magistrate Judge for further proceedings.