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07-095 - Marks v. State of Tennessee


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07-095 - Marks v. State of Tennessee
July 18, 2008
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REPORT AND RECOMMENDATION recommending 4 Motion to Dismiss be denied in regard to its res judicata argument but granted on the ground that the Court lacks subject matter jurisdiction, and therefore, that this case be dismissed. Signed by Magistrate Judge John S. Bryant on 7/18/08. (gi)
September 18, 2008
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ORDER: The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that this case is DISMISSED for lack of subject matter jurisdiction. Pursuant to Rule 41(b), this dismissal is without prejudice. Signed by District Judge Aleta A. Trauger on 9/18/08. (dt)