Adams v. United States Department of LABOR/OSHA et al

Filing 37

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS in its entirety and granting 10 Motion to Dismiss plaintiff's APA claim and plaintiff's claims brought under APA are dismissed; further denying 13 plaintiff's Motion for injunctive relief and this Order does not affect the pendency of plaintiff's claims under the FOIA. Signed by Honorable P. K. Holmes, III on January 25, 2012. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DALE B. ADAMS v. PLAINTIFF Case No. 3:11-CV-03043 UNITED STATES DEPARTMENT OF LABOR/OSHA; and HILDA SOLIS, United States Secretary of Labor DEFENDANTS ORDER Currently before the Court is the Report and Recommendations (Doc. 18) filed in this case on November 8, 2011, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. Also before the Court are Plaintiff’s Objections (Doc. 25). The Court has reviewed this case and, being well and sufficiently advised, finds as follows: Plaintiff’s objections are lengthy but largely nonresponsive or irrelevant as to the legal findings made by the Magistrate Judge and set forth in the Report and Recommendations. The Report and Recommendations rightly set forth the law that Plaintiff cannot pursue his claim in this case under the Administrative Procedure Act (“APA”) and the Freedom of Information Act (“FOIA”) at the same time, nor can Plaintiff assert a new claim under the Patriot Act through a motion in this action where there is no viable connection between the injury claimed in the motion and the conduct asserted in Plaintiff’s Complaint. Plaintiff’s objections offer neither law nor fact requiring departure from the Report and Recommendations. The Report and Recommendation (Doc. 18) is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and Recommendations, IT IS ORDERED that Defendants’ Motion to Dismiss Plaintiff’s APA claim (Doc. 10) is GRANTED, and Plaintiff’s claims brought under the APA are DISMISSED. IT IS FURTHER ORDERED that Plaintiff’s Motion for Injunctive Relief (Doc. 13) is DENIED. This Order does not affect the pendency of Plaintiff’s claims under the FOIA. IT IS SO ORDERED this 25th day of January, 2012. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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