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Hilvety v. Mitchell

October 22, 2008

BRIAN HILVETY, PLAINTIFF,
v.
R.A. MITCHELL AND ARLIE ALEXANDER, DEFENDANTS.



The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

ORDER

A Report and Recommendation (#9) was filed by Magistrate Judge David G. Bernthal in the above cause on September 30, 2008. On October 14, 2008, Plaintiff Brian Hilvety filed his Objection to Report and Recommendation (#10). Following this court's careful de novo review of the Magistrate Judge's reasoning and Plaintiff's Objection, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#9). This court agrees that Plaintiff's Motion to Remand (#4) should be DENIED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#9) is accepted by this court.

(2) Plaintiff's Motion to Remand (#4) is DENIED.

(3) This case is referred to the Magistrate Judge for further proceedings. ENTERED this 22nd day of October, 2008 s/ Michael P. McCuskey

20081022

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