ORDER
DUFFY, District Judge.
This matter is before the court upon the magistrate judge's recommendation that summary judgment for Defendants be denied. This record includes a Report and Recommendation of the United States Magistrate made in accordance with 28 U.S.C. § 636(b)(1)(B) in which the magistrate judge recommended denial of the defendants' motion for summary judgment. However, upon further inquiry, this court grants the motion.
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