Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS : It is the opinion of this Court that the Report and Recommendation 34 should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judges report. Accordingly, this Court ORDERS that the defendants Motion to Dismiss or, Alternatively for Summary Judgment 25 be GRANTED. As such, the plaintiffs Complaint 1 is hereby DISMISSED WITH PREJUDICE. This Court further ORDERS that this matter be STRICKEN from the active docket of this Court and DIRECTS the Clerk to enter judgment in favor of the defendant. Signed by District Judge John Preston Bailey on 7/12/17. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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