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16-3314 - Smith v. Queener


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16-3314 - Smith v. Queener
June 5, 2017
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REPORT AND RECOMMENDATION: Magistrate Judge Holmes respectfully RECOMMENDS thatDefendant's motion to dismiss 14 be GRANTED and this action be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Magistrate Judge Barbara D. Holmes on 6/5/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
June 29, 2017
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ORDER: The objections set forth in the plaintiff's Motion to Alter 24 are OVERRULED; the magistrate judge's R&R 23 is ACCEPTED AND ADOPTED in its entirety; the defendant's Motion to Dismiss 14 is GRANTED, and this action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. This is the final Order in this action for purposes of Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 6/29/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 6/30/2017 (dt).