Opinion
CASE NO. 3:07-cv-1091-WKW, Case No. 3:07-cv-1092-WKW.
March 13, 2008
ORDER
These consolidated cases are before the court on a Recommendation (Doc. # 21) filed by the magistrate judge, which recommends that the motion to dismiss filed by the United States be granted. The plaintiffs have filed an objection (Doc. # 24). The court finds that the plaintiffs' objections go to the merits of their claims and do not address the basis of the recommendation, i.e., their claims are due to be dismissed for their failure to file an administrative claim under the Federal Tort Claims Act.
Accordingly, it is ORDERED that:
1. Plaintiffs' objection (Doc. # 24), is OVERRULED;
2. The Recommendation (Doc. # 22) of the Magistrate Judge is ADOPTED;
3. The government's Motions to Dismiss (Doc. # 4 in both cases) are GRANTED;
4. Plaintiffs' claims are DISMISSED with prejudice pursuant to Fed.R.Civ.P. 12(b)(1) for lack of jurisdiction.
An appropriate judgment will be entered.