Soto v. Mineta

Full title: JOSEPH SOTO, Plaintiff, v. NORMAN MINETA, Secretary, Department of…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jan 19, 2006

Case No. 04-70966 (E.D. Mich. Jan. 19, 2006)

Opinion

Case No. 04-70966.

January 19, 2006

ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION [D/E 29], GRANTING DEFENDANT'S MOTION FOR A PARTIAL DISMISSAL OR, IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT [D/E 23]

ARTHUR TARNOW, District Judge

Before the Court is the Magistrate Judge's Report and Recommendation, filed September 26, 2005. The Magistrate Judge recommends that this Court grant "Defendant's Motion For A Partial Dismissal Or, In The Alternative, Motion For Partial Summary Judgment." Granting this motion would cause Counts 7, 13 and so much of Count 6 as is based upon paragraphs 149 through 154, inclusive, of the Complaint to be dismissed for lack of jurisdiction. It would further cause Count 14 of the First Amended Complaint to be dismissed for failure to exhaust administrative remedies.

Having reviewed the file, the motions, the Magistrate's Report and Recommendation, and Plaintiff's objections, the Court ADOPTS the Magistrate's Report as its findings and conclusions. Accordingly, "Defendant's Motion For A Partial Dismissal Or, In The Alternative, Motion For Partial Summary Judgment" is GRANTED.

IT IS SO ORDERED.