Lopez v. United States of America et al

Filing 103

ORDER overruling 102 --objections; adopting 101 --report and recommendations; granting 82 --motion for summary judgment as to FOIA Request Nos. 2010-02251 and 2010-07847; denying 98 , 99 --cross-motion for summary judgment; transferring to the United States District Court for the Southern District of Florida Lopez's claim with respect to his August 19, 2010 FOIA Request. Signed by Judge Steven D. Merryday on 12/5/2018. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
RAMON LOPEZ,
Plaintiff,
v.

CASE NO. 5:11-cv-57-Oc-23PRL

UNITED STATES OF AMERICA, et al.,
Defendants.
/

ORDER
The United States (1) moves under Rules 12(b)(3) and 12(b)(6), Federal Rules
of Civil Procedure, to dismiss the remaining claims in Ramon Lopez’s second
amended complaint or alternatively (2) moves under Rule 56(c), Federal Rules of
Civil Procedure, for summary judgment (Doc. 82). Lopez both responds to the
United States’ motion and moves for summary judgment (Docs. 98, 99). Under
28 U.S.C. § 636 and Local Rule 601(b), the motions were referred to the magistrate
judge, who on September 28, 2018, issued his report and recommendation
(Doc. 101). Lopez objects (Doc. 102) to the report and recommendation.
I reviewed the report and recommendation and independently examined the
parties’ papers. Lopez’s objections (Doc. 102) are OVERRULED. The report and
recommendation (Doc. 101) is ADOPTED. The United States’ motion for summary
judgment (Doc. 82) is GRANTED as to FOIA Request No. 2010-02251 and FOIA
Request No. 2010-07847.

Lopez’s claim with respect to his August 19, 2010 FOIA Request is
TRANSFERRED to the United States District Court for the Southern District of
Florida, Miami Division. Lopez’s cross-motion (Docs. 98, 99) for summary
judgment is DENIED. The clerk must close the case.
ORDERED in Tampa, Florida, on December 5, 2018.

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