Borneman v. Rozier et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION and referring matter again to Magistrate Roberts. Signed by Honorable David L. Russell on 5/6/09. (ns, )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTOPHER BORNEMAN, Plaintiff, v. TIMOTHY ROZIER, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. CIV-09-187-R

ORDER Before the Court are the Report and Recommendation of United States Magistrate Judge Bana Roberts entered April 24, 2009 [Doc. No. 16] and Plaintiff's "answer" to the Report and Recommendation [Doc. No. 17]. Plaintiff does not object to the Report and Recommendation but in fact agrees that count two should be "dropped." Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED and count two of Plaintiff's Complaint is DISMISSED with prejudice. This matter is again referred to the Magistrate Judge for further proceedings consistent with the original referral order. IT IS SO ORDERED this 6th day of May, 2009.