Opinion
1:09CV328.
August 14, 2009
ORDER
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on July 24, 2009, was served on the parties in this action. Plaintiff has filed a "Motion to Strike Recommendation" [Docket No. 15] which will be construed as objections to the Recommendation.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation. IT IS THEREFORE ORDERED that Defendants' Rule 12(b)(1) motion to dismiss [Docket No. 8] be GRANTED and that this action be dismissed. A Judgment dismissing this action will be entered contemporaneously with this Order.