Wicklund v. Page et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 43 Report and Recommendations, granting 35 Motion for Summary Judgment, filed by Idaho Department of Corrections. Defendant shall prepare an appropriate form of judgment for entry by the Court and sub mit the same to the Courts proposed orders email box, [e-mail], no later than August 15, 2011. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

MARK STEPHEN WICKLUND,
Case No. 1:09-CV-00671-EJL-CWD
Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
JAMES F. PAGE, an individual, dba
ASCERTAIN POLYGRAPH
SERVICES, dba TREASURE VALLEY
POLYGRAPH, and IDAHO
DEPARTMENT OF CORRECTIONS,
Defendants.

On January 27, 2011, United States Chief Magistrate Judge Candy W. Dale issued a
Report and Recommendation, recommending that Defendant Idaho Department of Correction’s
(“IDOC”) Motion for Summary Judgment be granted. Any party may challenge a Magistrate
Judge’s proposed recommendation regarding by filing written objections within ten days after
being served with a copy of the Magistrate Judges’s Report and Recommendation. 28 U.S.C. §
636(b)(1)(C). The district court must then “make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.” Id. The
district court may accept, reject, or modify in whole or in part, the findings and recommendations
made by the Magistrate Judge. Id.; see also Fed. R. Civ. P. 72(b). No objections to the report and
recommendation were filed. The Court has reviewed the Report and Recommendation, the

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

parties’ briefing on the Motion, briefing, and the entire record in this matter. Based upon this
review, the Court finds the Report and Recommendation has correctly decided the Motion.
ORDER
Having conducted a de novo review of the Report and Recommendation, this Court finds
that Chief Magistrate Judge Dale’s Report and Recommendation is well founded in law and
consistent with this Court’s own view of the evidence in the record. Acting on the
recommendation of Chief Magistrate Judge Dale’s, and this Court being fully advised in the
premises, IT IS HEREBY ORDERED that the Report and Recommendation entered on January
27, 2011, (Dkt. 43), should be, and is hereby, INCORPORATED by reference and ADOPTED
in its entirety.
THEREFORE, IT IS HEREBY ORDERED that Defendant Idaho Department of
Correction’s Motion for Summary Judgment (Dkt. 35) is GRANTED. Defendant shall prepare
an appropriate form of judgment for entry by the Court and submit the same to the Court’s
proposed orders email box, [e-mail], no later than August 15, 2011.

DATED: August 2, 2011

Honorable Edward J. Lodge
U. S. District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION - 2