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08-207 - Bana v. United States of America


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08-207 - Bana v. United States of America
July 29, 2008
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REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that defendant's motion to dismiss 7 be GRANTED, and that the complaint be DISMISSED with prejudice. Any party opposing said objections shall have ten (10) days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within ten (10) days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Signed by Magistrate Judge John S. Bryant on 7/29/08. (to pltf via certified & regular mail) (af) Modified on 7/29/2008 (af).
October 9, 2008
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ORDER: REPORT AND RECOMMENDATION 12 is accepted; 7 Deft's Motion to Dismiss under FRCP 12(h)(3) is granted; 11 Deft's Motion to Dismiss Pursuant to Rule 41(b) is denied as moot; and This case is dismissed with prejudice. Entry of this Order on the docket shall constitute entry of a final judgment in accordance with FRCP 58 and 79(a). Signed by Senior Judge Robert Echols on 10/9/08. (cc: pltf by reg and cert mail)(km)