DECEMBER 5, 2013, U.S. DISTRICT COURT GRANTED MOTION IN PART DENIED IN PART

Plaintiff objections mailed on November 6, 2013... due November 12, 2013... were not filed by clerk until November 25, 2013... and thus, were untimely.

This court is not prohibited from considering plaintiff's untimely objections.  Therefore, to the extent that plaintiff requests this court consider his objections to Magistrate Judge's Memorandum and Recommendation, his motion is GRANTED in part.

Having considered the objections...the court finds no reason to disturb its previous order adopting the Magistrate Judge's Memorandum and Recommendation in its entirety.  The court, therefore, will not alter or amend its final judgment dismissing this cause.  To the extent plaintiff's motion to alter or amend judgment is construed as a challenge to this court's final judgment, his motion is DENIED in part.

The beat goes on...is there cause to appeal?  Maybe yes in part maybe no in part.  Time will tell.