Opinion
CASE NO. 5:11-cv-308-MP-GRJ.
October 31, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated October 4, 2011. (Doc. 3). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. This case is dismissed for lack of subject matter jurisdiction, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure and for failure to state a cause of action.
DONE and ORDERED this 28th day of October, 2011.