The rulings of the District Court in granting the Defendant’s Motion for Summary Judgment; in denying the Plaintiffs Motion for Partial Summary Judgment; and in dismissing the Plaintiffs Second Amended Complaint are affirmed for the reasons set forth in the June 14, 2011 Report and Recommendation of the United States Magistrate Judge, which was adopted by the District Court on July 11, 2011.

AFFIRMED.