Opinion
Civil Action No. 3:17-CV-2746-M
07-11-2018
ORDER ACCEPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge Renée Harris Toliver made Findings, Conclusions and a Recommendation in this case. No objections were filed. The Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Plaintiff's Motion to Remand, Doc. 7, is DENIED; Defendant's Motion to Dismiss for Failure to State a Claim, Doc. 6, is GRANTED and all of Plaintiff's claims are DISMISSED WITH PREJUDICE; Plaintiff's First Amended Complaint, Doc. 11, is construed as a motion for leave to amend complaint and DENIED AS FUTILE; and Defendant's Motion to Dismiss and Motion for the Court's Abstention and Dismissal, Doc. 12, are DENIED AS MOOT.
SO ORDERED this 11th day of July, 2018.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE