Opinion
CIVIL 4:22-CV-00079-ALM-AGD
09-27-2023
MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT, UNITED STATES DISTRICT JUDGE
Came on for consideration the Report and Recommendation (“Report”) of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On August 8, 2023, the Magistrate Judge entered a Report (Dkt. #17) that Defendant's Motion to Dismiss for Lack of Subject-Matter Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) (Dkt. #13) be granted and Plaintiff's claims be dismissed without prejudice.
Having received the Report of the Magistrate Judge, considered Plaintiff's objections (Dkt. #18) and Defendant's response in opposition thereto, (Dkt. #19), and having conducted a de novo review, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is therefore ORDERED that Defendant's Motion to Dismiss for Lack of Subject-Matter Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) (Dkt. #13) is GRANTED. It is further ORDERED that Plaintiff's claims against Defendant are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.