Fred Van Sickle Senior United States District Judge
ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the Amended Report and Recommendation issued by Magistrate Judge Mary K. Dimke on October 3, 2017, ECF No. 23, recommending Plaintiff's Motion for Summary Judgment, ECF No. 15, be denied and Defendant's Motion for Summary Judgment, ECF No. 19, granted. Plaintiff filed objections to the Amended Report and Recommendation on October 17, 2017. ECF No. 24. Defendant responded to Plaintiff's objections on October 27, 2017. ECF No. 25.
After reviewing the Amended Report and Recommendation, the objections and the response, and relevant authorities; the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Amended Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. Plaintiff's Objections to Magistrate Judge Dimke's Amended Report and Recommendation, ECF No. 24, are OVERRULED.
2. The Amended Report and Recommendation, ECF No. 23, is ADOPTED in its entirety.
3. Plaintiff's Motion for Summary Judgment, ECF No. 15, is DENIED.
4. Defendant's Motion for Summary Judgment, ECF No. 19, is GRANTED.
The District Court Executive is directed to file this Order and forward copies to the parties. Judgment shall be entered for Defendant and the file shall be CLOSED.
DATED November 1, 2017.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge