IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 8, 2011
ALFRED CLAGGETT, JR.,
BENJAMIN A. FRANTZ, DEFENDANT
The opinion of the court was delivered by: Judge Conner
AND NOW, this 8th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge William T. Prince (Doc. 25), recommending that defendant's motion for summary judgment (Doc. 11) be denied, and, following an independent review of the record and noting that defendant Benjamin A. Frantz filed objections*fn1 to the report on February 4, 2011 (Doc. 26), and the court finding Judge Prince's analysis to be thorough and well-reasoned, and the court finding defendant's objections to be without merit and squarely addressed by Judge Prince's report, it is hereby ORDERED that:
1. The report of Magistrate Judge Prince (Doc. 25) is ADOPTED in its entirety.
2. Plaintiff's motion to accept brief in opposition to defendant's motion for summary judgment nunc pro tunc (Doc. 30) is GRANTED.
3. Defendant's motion for summary judgment (Doc. 11) is DENIED.
CHRISTOPHER C. CONNER United States District Judge