Michael J. Davis
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated February 6, 2013, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Defendant's Motion for Summary Judgment (ECF No. 34)
is GRANTED;
2. This matter is DISMISSED WITHOUT PREJUDICE;
JUDGMENT IS ENTERED ACCORDINGLY. DATED: March 1, 2013.
at Minneapolis, Minnesota
_____________
Michael J. Davis
Chief Judge
United States District Court