BREELAND v. BAKER

Filing 44

MEMORANDUM JUDGMENT ORDER: AND NOW, this 23rd day of February, 2011; IT IS ORDERED that the Defendant's motion to dismiss 19 and supplemental motion to dismiss 23 be, and hereby are, GRANTED. Inasmuch as said motions have been treated as mo tions for summary judgment under Rule 56, IT IS FURTHER ORDERED that JUDGMENT be, and hereby is, entered in favor of the Defendant, Mark Baker, and against Plaintiff, Joseph Breeland. The Report and Recommendation of Magistrate Judge Baxter, filed on February 3, 2011 42 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 02/23/2011. (kas)

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