Opinion
No. 3:18-cv-2693-B-BT
02-21-2020
RUDOLF SUTER, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated January 28, 2020. The Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge.
IT IS, THEREFORE, ORDERED that Defendant the United States' Motion to Dismiss (ECF No. 19) is GRANTED, and Plaintiff's Complaint against Defendant is DISMISSED under Rule 12(b)(3) without prejudice as to refiling in the United States Court of Federal Claims.
SO ORDERED this 21st day of February, 2020.
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE