Opinion
Civil Action 3:20-CV-1789-C-BN
06-14-2021
KELLEN POWELL, Plaintiff, v. U.S. DEPARTMENT OF STATE, Executive Office, Office of the Legal Adviser, Defendant.
ORDER
SEM R CUMMINGS, SENIOR UNITED STATES DISTRICT JUDGE.
Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Defendant's Motion to Dismiss should be granted pursuant to Federal Rule of Civil Procedure 12(b)(1).
Plaintiff filed objections to the United States Magistrate Judge's Findings, Conclusions, and Recommendation on June 3
The Court conducts a de novo review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After due consideration and having conducted a de novo review, the Court finds that Plaintiffs objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Defendant's Motion to Dismiss be GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(1) and Plaintiffs First Amended Complaint be DISMISSED without prejudice.
SO ORDERED.