Thomas Cameron Kincade v. Patrick Hedges

The opinion of the court was delivered by: Hon. Percy Anderson United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, Defendants' Motion to Dismiss, the Magistrate Judge's Report and Recommendation, Plaintiff's Objections to the Report and Recommendation ("Objections"), and the remaining record, and has made a de novo determination.

Plaintiff's sole basis for objection to the Report and Recommendation is that he was not given additional time to prepare objections. However, Plaintiff was given an additional twenty days to submit objections and subsequently sought no additional extensions of time. Plaintiff was also given an extension of time to submit a supplemental opposition to Defendants' Motion to Dismiss and submitted no supplemental opposition. Accordingly, Plaintiff's Objections lack merit and the Court accepts the Magistrate Judge's recommendation.

IT IS THEREFORE ORDERED THAT:

1. The Report and Recommendation is approved and accepted.

2. Defendants' Motion to Dismiss is GRANTED.

3. Judgment be entered dismissing this action with prejudice.

4. The Clerk serve copies of this Order and the Judgment on the parties.

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