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noting that although "[m]oving parties are not traditionally afforded the opportunity to submit reply memoranda for the Court's consideration of non-dispositive motions," the plaintiff was permitted to do so in this case "for the sake of undertaking a full and complete review of [the p]laintiff's arguments and submissions"
Summary of this case from Luminara Worldwide, LLC v. Liown Elecs. Co.Opinion
Civil No. 13-1417 (DWF/LIB)
03-14-2014
Elma J. Augustine, Plaintiff, v. United States of America, Eric Holder, B. Todd Jones, and Internal Revenue Service, Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois dated February 20, 2014. (Doc. No. 36.) No objections have been filed to that Report and Recommendation in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference. Based upon the Report and Recommendation of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1. Magistrate Judge Leo I. Brisbois's Report and Recommendation (Doc. No. [36]) is ADOPTED.
2. The United States' Motion to Dismiss (Doc. No. [5]) is GRANTED.
3. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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DONOVAN W. FRANK
United States District Judge