Smitherman v. U.S. Food and Drug Administration/Center for Food Safety and Applied Nutrition et al (MAG+)

Filing 50

ORDER, JUDGMENT and DECREE of the court that: 1) The plf's 48 Objection to the Recommendation of the Magistrate Judge is overruled; 2) The 47 Recommendation of the Magistrate Judge is adopted; 3) That the motions to dismiss (Doc. # 28 , #[31 ], # 33 & # 38 ) are GRANTED. The plf's motions to strike (Doc. # 40 & # 41 ) are DENIED and this case is DISMISSED without prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 7/7/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION V IR G IN IA A. SMITHERMAN, P l a i n t if f , v. U .S , FOOD AND DRUG A D M I N IS T R A T IO N /C E N T E R FOR F O O D SAFETY AND APPLIED N U T R IT IO N , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-0959-MEF WO

ORDER
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. #48) to the Recommendation of the Magistrate J u d g e filed on June 22, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #47) entered on June 9, 2009 is adopted; 3 . That the motions to dismiss (Doc. #28, #31, #33 & #38) are GRANTED. The p la in tif f 's motions to strike (Doc. #40 & #41) are DENIED and this case is DISMISSED w ith o u t prejudice. D O N E this 7th day of July, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE