Myrick v. United States Department of Veterans Affairs (JOINT ASSIGN)(MAG+)

Filing 30

JUDGMENT, In accordance with the memorandum opinion enteredtoday, it is the ORDER, JUDGMENT, and DECREE of thecourt as follows: (1) adopting 28 Report and Recommendation of the Magistrate Judge; (2) def's 16 Motion to Dismiss, or in the alternative, for Summary Judgment is GRANTED; (3) plf's 13 Motion for Summary Judgment is DENIED; (4) this lawsuit is dismissed as moot with prejudice; no costs are taxed; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 3/20/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANA LARRY MYRICK,

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)
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)
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)
)
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Plaintiff,
v.
UNITED STATES DEPARTMENT
OF VETERANS AFFAIRS,
Defendant.

CIVIL ACTION NO.
2:16cv555-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 28) is adopted.
(2) Defendant's
alternative,

for

motion

summary

to

dismiss,

judgment

(doc.

or
no.

in
16),

the
is

granted.
(3) Plaintiff’s motion for summary judgment (doc.
no. 13) is denied.

(4)

This

lawsuit

is

dismissed

as

moot

with

prejudice.
No costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 20th day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE