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Hilvety v. Mitchell

November 13, 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 (#12) was filed by Magistrate Judge David G. Bernthal in the above cause on October 24, 2008. On November 10, 2008, Plaintiff, Brian Hilvety, filed his Objection to Report and Recommendations (#13). 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 (#12). This court agrees that the United States' Motion to Dismiss (#5) should be GRANTED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#12) is accepted by this court.

(2) United States' Motion to Dismiss (#5) is GRANTED and Plaintiff's case is dismissed with prejudice.

(3) This case is terminated.

ENTERED this 13th day of November, 2008

20081113

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