Opinion
CASE NO. 1:08-cv-937-MEF WO.
May 20, 2009
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:
1. The plaintiff's objection (Doc. #17) to the Recommendation of the Magistrate Judge filed on April 27, 2009 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #16) entered on April 14, 2009 is adopted;
3. The defendant's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) is GRANTED and this case is DISMISSED for lack of subject matter jurisdiction.