A. Richard Caputo
(JUDGE CAPUTO)
(MAGISTRATE JUDGE CARLSON)
ORDER
NOW, this 1st day of February, 2013, upon review of the Report and Recommendation of Magistrate Judge Martin C. Carlson (Doc. 4) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report & Recommendation (Doc. 4) is
ADOPTED.
(2) Plaintiff Gonzalo Mota-Rivera's Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is GRANTED.
(3) Plaintiff Gonzalo Mota-Rivera's claims against individual Defendants Erika Fenstermaker, Ronnie Holt, Henry Sadowski, and Food Service Administrator Ryan are DISMISSED with prejudice.
(4) Plaintiff Gonazlo Mota-Rivera may PROCEED with his action against Defendant United States of America.
(5) The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings.
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A. Richard Caputo
United States District Judge