Wilson

ORDER:

(1) ACCEPTING THIRD REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; and

(2) WITHDRAWING REFERENCE TO MAGISTRATE JUDGE

The Court has reviewed the file in this matter, has read and reviewed the Third Report and Recommendation of United States Magistrate Judge; and has reviewed de novo all objections, including not only objections to the Third Report but also objections to the Second And Final Report and the First Interim Report. The Court accepts the Third Report and its findings and recommendations.

The reference to the Magistrate Judge is WITHDRAWN. The undersigned District Judge shall preside over further proceedings.

THIRD REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The undersigned hereby withdraws the Second And Final Report and Recommendation filed on August 13, 2003 and, in part to respond to certain objections raised by Plaintiff, submits in its place this Third Report and Recommendation to the Honorable David O. Carter, United States District Judge. The undersigned recommends that Defendant Gillen’s Motion for Summary Judgment be granted; that all remaining claims against Defendant Gillen be dismissed; that the Fountain Valley…