ORDER
TUNEHIM, District Judge.
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, it is —
ORDERED:
1. That the Defendant's Motion for Summary Judgment [Docket No. 8] is granted.
2. That Count I of the Plaintiff's Complaint is dismissed with prejudice; and Counts III, IV, and V are dismissed...
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