Opinion
CIVIL ACTION NO. 6:17cv23
04-20-2017
BENNY YOUNG et al. v. ANIMAL CONTROL DEPARTMENT et al.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of the complaint, has been presented for consideration. The Report and Recommendation (Docket No. 11), filed on March 9, 2017, recommends that the complaint be dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted.
The Court received an acknowledgment of receipt revealing that the Report and Recommendation was delivered to Plaintiff Benny Young's residence prior to March 15, 2017. Online tracking additionally reveals that the Report and Recommendation was delivered to Plaintiff Hubert Seaton's address on March 13, 2017. No written objections have been filed. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court.
In light of the foregoing, it is
ORDERED that the complaint is DISMISSED with prejudice pursuant to FED R. CIV. P. 12(b)(1) and 28 U.S.C. § 1915(d)(2).
SIGNED this 20th day of April, 2017.
/s/_________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE