Quick v. Astrue

Full title: RICHARD LEE QUICK, JR., Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: May 31, 2011

Case No. 3:10-cv-133-J-32JBT (M.D. Fla. May. 31, 2011)

Opinion

Case No. 3:10-cv-133-J-32JBT.

May 31, 2011

ORDER

TIMOTHY CORRIGAN, Magistrate Judge

This case is before the Court on defendant's Motions to Dismiss (Doc. 25 and 33) for lack of subject matter jurisdiction and for failure to state a claim, and pro se plaintiff's responses thereto (Doc. 28 and 36). The assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 37), recommending that defendant's Motions to Dismiss be granted and that plaintiff's case be dismissed without prejudice. Plaintiff filed objections to the Report and Recommendation (Doc. 38) to which defendant responded (Doc. 39).

Upon independent review of the file, and for the reasons stated in the Report and Recommendation issued by the Magistrate Judge (Doc. 37), the Court finds plaintiff's objections are due to be overruled and the Report and Recommendation adopted as the opinion of the Court. Accordingly, it is hereby

ORDERED:

1. Plaintiff's objections to the Report and Recommendation (Doc. 38) are OVERRULED and the Report and Recommendation (Doc. 37) of the Magistrate Judge is ADOPTED as the opinion of the Court.

2. Defendant's Motions to Dismiss (Doc. 25 and 33) are GRANTED.

3. Plaintiff's case is dismissed without prejudice.

4. All other pending motions are denied as moot.

5. The Clerk is directed to close the file.

DONE AND ORDERED at Jacksonville, Florida.