Opinion
Civil No. 3:07-0316.
August 10, 2007
ORDER
On July 5, 2007, the Magistrate Judge issued a Report and Recommendation, making several recommendations. (Docket No. 14) No timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the following are hereby ORDERED:
1. The Motion to Substitute United States as Defendant (Docket No. 2) is GRANTED, and the United States of America is SUBSTITUTED as defendant in the place of Richard E. Goodin and Senior Chief Dan Grindle.
2. The claims against Richard E. Goodin and Senior Chief Dan Grindle are DISMISSED.
3. Any tort claim brought by the plaintiff against the United States of America is hereby DISMISSED WITHOUT PREJUDICE to any rights of the plaintiff to pursue any exhaustive administrative remedies under the Federal Tort Claims Act.
4. Any contract claim brought by the plaintiff against the United States of America is DISMISSED WITH PREJUDICE for failure to state a claim.
5. The United States of America is DISMISSED as a defendant in this case.
6. This case is REMANDED to the General Sessions Court of Davidson County, Tennessee, pursuant to 28 U.S.C. § 1447(d), to allow the plaintiff to pursue her claims against Herbert Ross, Constancia Ross and/or Specialized Contract Services.
It is so ORDERED