Opinion
Case No. CV 14-0580 SVW (JCG)
01-05-2016
RENEE PITTMAN MITCHELL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the Magistrate Judge's Report and Recommendation, Petitioner's original and amended Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.
Plaintiff's Objections generally reiterate the arguments made in the Complaint, and lack merit for the reasons set forth in the Report and Recommendation. There is one issue, however, that warrants brief amplification here.
Additionally, the Court declines Plaintiff's invitation to "forgive [her] prejudice" and "consider[ the Magistrate Judge's] heritage of India." (Objections at 6.) --------
In her Objections, Plaintiff takes issue with the Report and Recommendation's non-dispositive and unpublished nature. (Objections at 1-4.) However, absent the prior consent of all parties otherwise, only a District Court may issue a final order disposing of a case. See 28 U.S.C. § 636(b)(1)(A). And, typically, a Report and Recommendation's contents become published upon a District Court's acceptance.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;
2. Judgment be entered dismissing this action without prejudice; and
3. The Clerk serve copies of this Order and the Judgment on the parties. DATED: January 5, 2016
/s/_________
HON. STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE