Opinion
Civ. No. 10-3602 (PJS/LIB).
December 30, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS ORDERED:
1. Defendant's motion to dismiss [Docket No. 11] be GRANTED;
2. That this action be DISMISSED without prejudice, for lack of subject matter jurisdiction.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: 12/30/10