JAMES S. MOODY, Jr., District Judge.
After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
1. The Report and Recommendation (Dkt. #43) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2. Defendant's Motion for Summary Judgment (Dkt. #20) is GRANTED.
3. Plaintiff's Cross Motion for Summary Judgment (Dkt. #23) is DENIED.
4. The Clerk is directed to enter Judgment in favor of Defendant and against Plaintiff.
5. The Clerk is directed to terminate any pending motions and close this case.