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, )

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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