Smitherman v. The United States (MAG+)

Filing 25

ORDER, JUDGMENT and DECREE of the court that: 1) The plf's 24 Objection to the Recommendation of the Magistrate Judge is overruled; 2) The 23 Amended Report and Recommendation of the Magistrate Judge is adopted; 3) The plf's 22 Motion to Amend the Complaint is DENIED as futile; 4) Dft's 15 Motion to Dismiss is GRANTED and plf's claims are DISMISSED; 5) The 15 Alternative Motion for Summary Judgment is DENIED as moot; 6) Any other outstanding motions are DENIED as moot. Signed by Honorable Judge Mark E. Fuller on 8/17/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
VIRGINIA A. SMITHERMAN, as
Administratrix of the Estate of Trentina
Valencia Smitherman,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CASE NO. 2:10-cv-894-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #24) to the Recommendation of the Magistrate
Judge filed on August 12, 2011 is overruled;
2. The Amended Report and Recommendation of the Magistrate Judge (Doc. #23)
filed on August 1, 2011 is adopted;
3. The plaintiff's Motion to Amend the Complaint (Doc. #22) is DENIED as futile.
4. Defendant's Motion to Dismiss (Doc. #15) is GRANTED and plaintiff's claims are
DISMISSED.
5. The Alternative Motion for Summary Judgment is DENIED as moot.
6. Any other outstanding motions are DENIED as moot.
th

DONE this the 17 day of August, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE