Kelly v. Alabama Department of Revenue et al (MAG+)

Filing 34

ORDER (1) OVERRULING plaintiff's 31 objections; (2) ADOPTING 30] Report and Recommendation of the Magistrate Judge; (3) defendants' 15 Motion to Dismiss is GRANTED; (4) This case is DISMISSED pursuant to FRCP 12(b)(1) for lack of subject-matter jurisdiction. Signed by Chief Judge William Keith Watkins on 4/27/15. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KASWANA A. KELLY,
Plaintiff,
v.
ALABAMA DEPARTMENT OF
REVENUE, et al.,
Defendants.

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CASE NO. 2:14-CV-862-WKW

ORDER
On March 31, 2015, the Magistrate Judge filed a Recommendation in this
case. (Doc. # 30.) On April 13, 2015, Plaintiff Kaswana Kelly timely filed
objections. (Doc. # 31.) The court has conducted an independent and de novo
review of those portions of the Recommendation to which objection is made. See
28 U.S.C. § 636(b).
Upon consideration of the Recommendation and Plaintiff’s objections, it is
ORDERED that:
1.

Plaintiff’s objections are OVERRULED;

2.

The Recommendation is ADOPTED;

3.

Defendants’ motion to dismiss (Doc. # 15) is GRANTED; and

4.

This case is DISMISSED pursuant to Federal Rule of Civil Procedure

12(b)(1) for lack of subject-matter jurisdiction.

A separate final judgment will be entered.
DONE this 27th day of April, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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