Avratin

ORDER (1) REJECTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on Defendant’s motion for summary judgment. Plaintiff filed an opposition to the motion, and Defendant filed a reply. Pursuant to 28 U.S.C. § 636 (b)(1)(B) and Civil Local Rule 72.3, the motion was referred to a United States Magistrate Judge for a Report and Recommendation (“Report”). On September 28, 2005, Magistrate Judge Louisa S. Porter issued her Report, recommending that the Court deny Defendant’s motion. Neither party filed objections to the Report.

After reviewing the Report, this Court scheduled oral argument on Defendant’s motion, which was held on December 16, 2005. Timothy Horton, Esq. appeared on behalf of Plaintiff, and Susan Coleman, Esq. appeared on behalf of Defendants. For the reasons set out below, the Court rejects the Report, and grants Defendant’s motion.

I.

STANDARD OF REVIEW

This district court’s role in reviewing a magistrate judge’s report and recommendation is set forth in 28 U.S.C. § 636 (b)(1). Under this statute, the district court “shall make a de novo determination of those portions of the…