ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on September 24, 2004, her Recommended Decision (Docket No. 63). Plaintiff filed his Objection to the Recommended Decision (Docket No. 64) on October 4, 2004 and Defendants filed their Objection to Recommended Decision (Docket No. 66) on October 8, 2004. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
2. Defendants' Motion to Dismiss and Motion for Summary Judgment (Docket No. 27) is GRANTED. Plaintiff's Cross-Motion for Partial Summary Judgment (Docket No. 32) is DENIED.
George Z. Singal___ Chief U.S. District Judge
Dated this 13th day of October, 2004.