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Moore v. Smith

February 27, 2006

VETTER MOORE, PLAINTIFF
v.
WARDEN SMITH, DEFENDANT



The opinion of the court was delivered by: Magistrate Judge Smyser

ORDER AND NOW, this 27th day of February, 2006, upon consideration of the report (doc. 74) of the magistrate judge, filed January 20, 2006, to which no objections were filed, and upon independent review of the record, it is ordered that:

1. The magistrate judge's report is adopted.

2. The motion to dismiss of defendant, Warden Smith (doc. 51) is denied.

3. Plaintiff's motions (doc. 55, 59, 67, 68 and 69) for preliminary injunctive relief are denied.

4. This matter is remanded to the magistrate judge for further proceedings.

William W. Caldwell United States District Judge

20060227

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