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14-498 - MCLENDON v. COLVIN


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14-498 - MCLENDON v. COLVIN
November 23, 2015
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 11/23/2015. Having reviewed the record, the transcripts and the briefs and filings of the parties, and for the reasons stated above, it is RECOMMENDED that Defendant's motion for judgment on the pleadings (Docket Entry 22) be GRANTED. To the extent Plaintiffs response (Docket Entry 17) is construed as a motion to dismiss, it is RECOMMENDED that this motion be DENIED. Finally, it is RECOMMENDED that Defendant's motion to dismiss for failure to prosecute (Docket Entry 13) be DENIED as moot.(Taylor, Abby)
January 5, 2016
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ORDER signed by JUDGE JAMES A. BEATY, JR on 01/05/2016, that the court therefore adopts the Magistrate Judge's Recommendation, and that Defendant's motion for judgment on the pleadings (Docket Entry 22) is GRANTED. FURTHER that to the extent Plaintiff's response (Docket Entry 17) is construed as a motion to dismiss, this motion is DENIED. FURTHER that Defendant's motion to dismiss for failure to prosecute (Docket Entry 13) is DENIED as moot. A Judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)