Streiff-Garza v. Wendy's Four Crown Int'l

Full title: Sonya Mary Streiff-Garza, Plaintiff, v. Wendy's - Four Crown…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Sep 30, 2016

Case No. 16-cv-2760 (WMW/TNL) (D. Minn. Sep. 30, 2016)

Opinion

Case No. 16-cv-2760 (WMW/TNL)

09-30-2016

Sonya Mary Streiff-Garza, Plaintiff, v. Wendy's - Four Crown International, Defendant.

Wilhelmina M. Wright United States District Judge

ORDER ADOPTING AS MODIFIED REPORT AND RECOMMENDATION

This matter is before the Court on the September 8, 2016 Report and Recommendation ("R&R") of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed in the time period permitted. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:

1. The R&R, (Dkt. 10), is ADOPTED AS MODIFIED as outlined herein;

2. This action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction pursuant to Rule 12(h)(3), Fed. R. Civ. P.;

3. Plaintiff's application to proceed in forma pauperis, (Dkt. 2), is DENIED AS MOOT;

4. Plaintiff's motion to take notice, (Dkt. 3), is DENIED AS MOOT; and

5. Defendant's motion to dismiss, (Dkt. 6), is DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: September 30, 2016

s/Wilhelmina M. Wright

Wilhelmina M. Wright

United States District Judge