Foster v. United States of America

Filing 34

ORDER ADOPTING 32 REPORT AND RECOMMENDATION; GRANTING 21 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) and GRANTING 26 MOTION to Amend/Correct Complaint. IT IS FURTHER ORDERED striking 33 ; Plaintiff shall file a pleading entitled "SECOND AMENDED COMPLAINT" in compliance with 32 REPORT AND RECOMMENDATION on or before 2/25/5. This matter remains referred to Magistrate Judge Ferraro for all pretrial matters. Signed by Chief Judge Raner C Collins on 2/18/15.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Patricia Foster,

No. CV-14-00719-TUC-RCC (DTF)
Plaintiff,

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v.

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ORDER

United States of America,

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Defendant.

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Pending before the Court are Defendant’s Motion to Dismiss for Lack of Subject

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Matter Jurisdiction (Doc. 21), Plaintiff’s Motion for Leave to Amend the Complaint

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(Doc. 26), Magistrate Judge Ferraro’s Report and Recommendation (“R&R”) on these

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two motions (Doc. 32) and Plaintiff’s Amended Complaint (Doc. 33).

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Pursuant to Rule 72 of the Federal Rules of Civil Procedure, LRCiv 72.2 and the

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parties having filed no objections to the R&R, the Court hereby adopts Magistrate Judge

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Ferraro’s R&R (Doc. 32) in its entirety.

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On February 17, 2015, Plaintiff filed her first Amended Complaint. However, this

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pleading is not in compliance with the Magistrate Judge’s R&R as to the first count.

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Because Plaintiff made no legal or factual argument objecting to the R&R, the Court will

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not interpret this first Amended Complaint as such.

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Accordingly,

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IT IS HEREBY ORDERED adopting (Doc. 32); granting (Doc. 21) and

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granting (Doc. 26).

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IT IS FURTHER ORDERED striking (Doc. 33); Plaintiff shall file a pleading

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entitled “SECOND AMENDED COMPLAINT” in compliance with (Doc. 32) on or

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before February 25, 2015. This matter remains referred to Magistrate Judge Ferraro for

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all pretrial matters.

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Dated this 18th day of February, 2015.

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