Wonders v. McHugh et al (MAG+)

Filing 64

ORDERED that the 63 objection is OVERRULED, and that the 62 Recommendation of the Magistrate Judge is ADOPTED; it is ORDERED that Dft's 53 Motion to Dismiss or in the alternative, for Summary Judgment is DENIED as to the motion to dismiss for lack of subject matter jurisdiction and GRANTED as to the motion for summary judgment. Signed by Chief Judge William Keith Watkins on 4/24/2014. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARK GERAGHTY
WONDERS,
Plaintiff,
v.
JOHN MCHUGH, Secretary of the
Army,
Defendant.

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CASE NO. 1:12-CV-817-WKW
[WO]

ORDER
On April 1, 2014, the Magistrate Judge filed a Recommendation in this case.
(Doc. # 62.) Plaintiff filed a timely objection on April 14, 2014. (Doc. # 63.)
Based upon an independent and de novo review of those portions of the
Recommendation to which objection is made, 28 U.S.C. § 636(b), it is ORDERED
that the objection is OVERRULED, and that the Recommendation of the
Magistrate Judge is ADOPTED.
Accordingly, it is ORDERED that Defendant’s Motion to Dismiss or in the
alternative, for Summary Judgment (Doc. # 53) is DENIED as to the motion to
dismiss for lack of subject matter jurisdiction and GRANTED as to the motion for
summary judgment. An appropriate final judgment will be entered separately.
DONE this 24th day of April, 2014.

/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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