ROBERT J. JONKER
Hon. Robert J. Jonker
ORDER
APPROVING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on February 8, 2012. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed February 8, 2012, is approved and adopted as the opinion of the court.
IT IS ORDERED that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) (docket #31) is DENIED.
IT IS ORDERED that defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c) (docket #31) is GRANTED.
IT IS ORDERED that plaintiff's motion for leave to file an amended complaint (docket #15), motion to compel (docket #27) and cross-motion for summary judgment (docket #45) is DENIED.
IT IS FURTHER ORDERED this action is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
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ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE