Keith Starrett UNITED STATES DISTRICT JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause came on this date to be heard upon the Report and Recommendation [35] of the United States Magistrate Judge entered herein on November 8, 2017, after referral of hearing by this Court, no objections having been filed as to the Report and Recommendation [35], and the Court, having fully reviewed the same as well as the record in this matter, and being duly advised in the premises, finds that said Report and Recommendation [35] should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation [35] be, and the same hereby is, adopted as the finding of this Court. The Motion for Summary Judgment [28] is granted, and this action is dismissed without prejudice.
SO ORDERED AND ADJUDGED this the 2nd day of January, 2018.
s/ Keith Starrett
UNITED STATES DISTRICT JUDGE