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Haithcox v. Grainer

March 31, 2010

TIMOTHY C. HAITHCOX PLAINTIFF,
v.
MARY GRAINER, M.D., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Arthur J. Tarnow District Judge

HONORABLE R. STEVEN WHALEN MAGISTRATE JUDGE

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [116] GRANTING DEFENDANT CMS'S MOTION FOR SUMMARY JUDGMENT [98], GRANTING DEFENDANT GRAINER'S MOTION FOR SUMMARY JUDGMENT [99] AND DENYING AS MOOT DEFENDANTS CMS AND GRAINER'S MOTION TO DISMISS [87]

On March 15, 2010, Magistrate Judge Whalen issued a Report and Recommendation [116] that Defendant CMS's Motion for Summary Judgment [98] and Defendant Grainer's Motion for Summary Judgment [99] be granted and that Defendants' Motion to Dismiss [87] be denied as moot.

The Court has reviewed Report and Recommendation and record in this case. Defendant has failed to respond to the summary judgment motions despite Magistrate Judge Whalen's December 16, 2009 order [112] for Plaintiff to do so within thirty days.

The Report and Recommendation of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court.

Accordingly,

IT IS ORDERED that Defendant CMS's Motion for Summary Judgment [98] and Defendant Grainer's Motion for Summary Judgment [99] are GRANTED and Defendants' Motion to Dismiss [87] is DENIED as moot.

Pursuant to Local Rule 7.1(h), Plaintiff may file a motion for reconsideration within fourteen (14) days after entry of this order.

SO ORDERED.

Arthur J. Tarnow United States District Judge

20100331

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