Summary
finding that Court was free to weigh the evidence and evaluate merits of jurisdiction claim when defendant claimed federal employees case should be dismissed for lack of jurisdiction due to failure to complete MSPB process
Summary of this case from Holland v. Dep't of Health & Human Servs.Opinion
CASE NO. 2:07-cv-546-MEF.
March 26, 2008
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the Court that:
1. The Plaintiff's Response to the Recommendation of the Magistrate Judge (Doc. # 29) filed on March 12, 2008, which this Court construes as an objection to the Recommendation of the Magistrate Judge is OVERRULED;
2. The Recommendation of the Magistrate Judge (Doc. #27) entered on February 29, 2008 is ADOPTED;
3. The Defendant's[sic] Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Doc. #16) and Defendant's[sic] Amended Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Doc. # 22) are GRANTED.