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Elder v. McClelland

June 6, 2007

DORA M. ELDER AND TIMOTHY S. ELDER, PLAINTIFFS,
v.
RICKEY C. MCCLELLAND AND THOMAS E. ABBOTT, DEFENDANTS.



The opinion of the court was delivered by: Judge Mattice

ORDER

United States Magistrate Judge William B. Mitchell Carter filed his Report and Recommendation (Court Doc. No. 40) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Neither party filed objections within the given 10 days.

After reviewing the record, the Court agrees with the Magistrate Judge's report and recommendation. The Court thus ACCEPTS and ADOPTS the Magistrate Judge's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b).

Accordingly, the Court ORDERS:

(1) Defendant McClelland's Motions to Dismiss (Court Doc. Nos. 28 and 30) are GRANTED.

(2) The above-captioned case is DISMISSED WITH PREJUDICE.

SO ORDERED this 6th day of June, 2007.

HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

20070606

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