Opinion
Civil Action 21-00496-BAJ-RLB
08-30-2022
RULING AND ORDER
JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Before the Court is Defendant the Federal Bureau of Investigation's Motion to Dismiss for Lack of Subject Matter Jurisdiction, Failure to State a Claim, Insufficient Service of Process, and Lack of Personal Jurisdiction (Doc. 6). The Motion is opposed. (Doc. 7). Defendant filed a Reply. (Doc. 8).
The Magistrate Judge has issued a Report and Recommendation (Doc. 10), recommending that the Court grant Defendant's Motion to Dismiss (Doc. 6) pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of Article III standing. (Doc. 10, p. 8). The Magistrate Judge further recommends that the Court dismiss Plaintiffs claims without prejudice for lack of subject matter jurisdiction. (Id.). There are no objections to the Report and Recommendation.
Having carefully considered the underlying Complaint, the Motion at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Defendant the Federal Bureau of Investigation's Motion to Dismiss for Lack of Subject Matter Jurisdiction, Failure to State a Claim, Insufficient Service of Process, and Lack of Personal Jurisdiction (Doc. 6) is GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of Article III standing.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs claims be and are hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.