Balbuena v. McHugh et al

Filing 27

ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS re 23 MOTION to Dismiss filed by Leo J. Hickman, Department of the Army and this motion to dismiss is granted. This action is dismissed for failure to state a claim upon which relief could be granted. Signed by Judge Kristi K. DuBose on 10/21/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRENDA BALBUENA,

:

Plaintiff,

:

vs.

:

JOHN M. MCHUGH, Secretary,
Department of the Army, et al.,

Civil Action No. 14-0188-KD-C

:
:

Defendants.
ORDER
After due and proper consideration of the issues raised, and there having been
no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated September 24, 2015 is ADOPTED as the opinion of this Court.
Accordingly, Defendants’ motion to dismiss (doc. 23) is GRANTED.

This action

is dismissed for failure to state a claim upon which relief could be granted. See Fed. R.
Civ. P. 12(b)(6).
DONE this 21st day of October 2015.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE