Opinion
CIVIL ACTION NO. 6:13cv791
06-09-2015
KENT WILLIS v. U.S. POSTAL SERVICE
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this case has been presented for consideration. The Report and Recommendation (ECF 41), filed on March 31, 2015, recommends that Defendant's Motion to Dismiss Plaintiff's Amended Complaint (ECF 37) be granted and that the complaint be dismissed with prejudice for failure to state a claim upon which relief may be granted pursuant to FED. R. CIV. P. 12(b)(6). The Court granted Plaintiff's motion for an extension of time to file written objections and extended the deadline to May 22, 2015. Plaintiff filed written objections on May 26, 2015.
Having made a de novo review of the objections filed by Plaintiff, the Court finds that the findings, conclusions and recommendation of the Magistrate Judge are correct and Plaintiff's objections are without merit. The findings and conclusions of the Magistrate Judge are, therefore, adopted as those of the Court.
In light of the foregoing, it is
ORDERED that Defendant's Motion to Dismiss Plaintiff's Amended Complaint (ECF 37) is GRANTED. The above-styled lawsuit is DISMISSED with prejudice for failure to state a claim upon which relief may be granted pursuant to FED. R. CIV. P. 12(b)(6).
Any motion not previous ruled on is DENIED.
SIGNED this 9th day of June, 2015.
/s/_________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE