ORDER
RAMBO, District Judge.
In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT:
1) The report and recommendation of Magistrate Smyser are adopted;
2) Plaintiff's motion for summary judgment is denied;
3) Defendant's motion for summary judgment is granted;
4) The Clerk of Court is directed to enter judgment in favor of defendant and against plaintiff and close the file.
MEMORANDUM
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