Summary
finding it “appropriate for the court to consider both the complaint and the factual allegations in [pro se plaintiff's] response to the motion to dismiss in determining whether his claims can survive dismissal”
Summary of this case from Lyons v. GreenOpinion
Civil Action No.: 7:14cv00040
02-23-2015
CHARLES GLEN SHOMO, JR., Plaintiff, v. APPLE, INC. and JOE FLORES, Defendants.
ORDER
This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition. The magistrate judge filed a report and recommendation on February 2, 2015, recommending that defendants' motion to dismiss be granted and this case be dismissed with prejudice. No objections to the report and recommendation have been filed, and the court is of the opinion that the report and recommendation should be adopted in its entirety. It is accordingly ORDERED that the February 2, 2015 report and recommendation (Dkt. # 19) is ADOPTED in its entirety, defendants' motion to dismiss (Dkt. # 13) is GRANTED, and this matter is DISMISSED with prejudice and STRICKEN from the active docket of the court.
The Clerk is directed to send a certified copy of this Order to the pro se plaintiff and to counsel of record.
Entered: February 23, 2015
/s/
Michael F. Urbanski
United States District Judge