Rouse v. Geren (MAG+)
ORDERED that: (1)The 17 Objections to the Recommendation of the Magistrate Judge is overruled; (2) The 16 Recommendation of the Magistrate Judge is adopted; and (3) The defendant's 11 Motion to Dismiss pursuant to FRCP 12(b)(1) is GRANTED and this case is DISMISSED for lack of subject matter jurisdiction. Signed by Hon. Chief Judge Mark E. Fuller on 5/20/2009. (cb, )
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION T A N J A L. ROUSE, P l a i n t if f , v. P E T E GREEN, Secretary of the D e p a rtm e n t of the Army, D e f e n d a n t. ) ) ) ) ) ) ) ) )
C A S E NO. 1:08-cv-937-MEF WO
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #17) to the Recommendation of the Magistrate J u d g e filed on April 27, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #16) entered on April 14, 2 0 0 9 is adopted; 3. The defendant's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) is
G R A N T E D and this case is DISMISSED for lack of subject matter jurisdiction. D O N E this 20th day of May, 2009.
/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE
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