Lopez et al v. United States of America et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION. The Report and Recommendation 31 is ADOPTED; The Motion to Dismiss 15 is GRANTED to the extent that the Complaint is dismissed with leave to amend. Plaintiff shall file and amended complaint within 30 days. Failure to file an amended complaint within 30 days will result in dismissal of the action without further notice. Signed by Judge Cindy K Jorgenson on 1/22/2015. (ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
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Luis Martin Lopez; et ux.,
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Plaintiff,
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No. CV 14-1795-TUC-CKJ (LAB)
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vs.
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ORDER
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United States of America, et al.,
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Defendants.
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Plaintiff filed a Complaint alleging that he was negligently, wrongfully, and

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tortiously arrested, detained, and deported to Mexico. (Doc. 1.) The Government filed a

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Motion to Dismiss for lack of jurisdiction or in the alternative for failure to state a claim.

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(Doc. 15.) On November 20, 2014, Magistrate Judge Leslie A. Bowman issued a Report

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and Recommendation in which she recommended that the Motion be granted to the extent

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that Plaintiff’s Complaint should be dismissed with leave to amend. (Doc. 31.) The

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Report and Recommendation notified the parties that they had fourteen days to file any

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objections. No objections have been filed.

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The Court has reviewed and considered the Complaint, the Motion to Dismiss, the
response, the reply, and the Report and Recommendation.

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Accordingly, after an independent review, IT IS ORDERED:

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1.

The Report and Recommendation (Doc. 31) is ADOPTED;

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2.

The Motion to Dismiss (Doc. 15) is GRANTED to the extent that the

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Complaint is dismissed with leave to amend. Plaintiff shall file and amended complaint

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within 30 days. Failure to file an amended complaint within 30 days will result in dismissal
of the action without further notice.
Dated this 22nd day of January, 2015.