ANDREW S. HANEN UNITED STATES DISTRICT JUDGE
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ANDREW S. HANEN UNITED STATES DISTRICT JUDGE
Pending before the Court in the above referenced proceeding are the Defendant's Amended Motion for Summary Judgment (Doc. No. 23); Plaintiffs Response in Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Partial summary Judgment (Doc. No. 26); and Judge Sheldon's Memorandum and Recommendation (Doc. No. 32) that the Court grant Defendant's motion and deny Plaintiffs Motion. No objections were filed by either party and the time for doing so has passed.
Upon review, the Court agrees with the Magistrate Judge's conclusions. Accordingly, the Court hereby
ORDERS that the Memorandum and Recommendation (Doc. No. 32) is ADOPTED. Defendant's Amended Motion for Summary Judgment (Doc. No. 23) is GRANTED, and Plaintiffs Cross-Motion for Partial Summary Judgment (Doc. No. 26) is DENIED.
Plaintiffs case is DISMISSED WITH PREJUDICE.
Entry of this Order shall constitute entry of Final Judgment.