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Endsley v. Luna

August 5, 2010

MARC ANTHONY LOWELL ENDSLEY, PLAINTIFF,
v.
OCTAVIO LUNA, NIRBHAY SINGH, JON BENSON, DENISE ARMAS-CARL, MILLICENT LOYARTE, JONATHAN MONROE, JIM BIRKS, ROY BELLAMY, ED SIREGER AND JENNIFER ATKINS, DEFENDANTS.



The opinion of the court was delivered by: Dale S. Fischer United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended Complaint, all of the records and files herein, and the Magistrate Judge's Amended Report and Recommendation. The time for filing Objections to the Amended Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.

Accordingly, IT IS ORDERED THAT:

1. Plaintiff's Motion for Partial Summary Judgment is DENIED.

2. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claims under 42 U.S.C. § 1983.

3. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claims under state law.

4. Plaintiff's state law claims are DISMISSED with prejudice.

5. Plaintiff's claims for injunctive and declaratory relief are DISMISSED as moot.

6. Judgment shall be entered in favor of the Defendants and against Plaintiff on the entire Complaint. Plaintiff's entire Complaint shall be dismissed with prejudice.

7. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on Plaintiff and counsel for Defendants.

20100805

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