United States Department of Labor v. West et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 6 Motion to Dismiss. Signed by Honorable Susan O. Hickey on January 20, 2015. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION UNITED STATES DEPARTMENT OF LABOR v. PETITIONER Case No. 1:13-mc-00008 KEITH WEST ET AL. RESPONDENTS ORDER Before the Court is the Report and Recommendation filed January 10, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 20). Judge Bryant recommends Respondents’ Motion to Dismiss (ECF No. 6) be granted. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation in toto. Accordingly, the Court finds that service on Respondents was improper. Respondents’ Motion to Dismiss (ECF No. 6)should be and hereby is GRANTED. Petitioner’s case is DISMISSED WITHOUT PREJUDICE. All other pending motions are denied as moot. (ECF Nos. 1, 3, & 14). IT IS SO ORDERED, this 20th day of January, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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