Hoover v. Central Intelligence Agency

Filing 50

ORDER adopting 49 REPORT AND RECOMMENDATION; granting 42 MOTION to dismiss Amended Complaint; dismissing Amended Complaint with prejudice as frivolous pursuant to 28 U.S.C. §1915(e)(2)(b); directing the Clerk to close the file. Signed by Judge John Antoon II on 6/19/2013. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GREGORY LOUIS HOOVER,
Plaintiff,
-vs-

Case No. 6:11-cv-1459-Orl-28DAB

CENTRAL INTELLIGENCE AGENCY,
Defendant.
________________________________________

ORDER
This case is before the Court on Defendant’s Motion to Dismiss Amended Complaint
(Doc. No. 42) filed December 5, 2012. The United States Magistrate Judge has submitted
a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed May 23, 2013 (Doc. No. 49) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Defendant’s Motion to Dismiss Amended Complaint (Doc. No. 42) is

GRANTED. Plaintiff’s Amended Complaint (Doc. No. 39) is DISMISSED with prejudice as
frivolous pursuant to 28 U.S.C. § 1915(e)(2)(b). Defendant’s Alternative Motion for Summary
Judgment (Doc. No. 42) is DENIED as moot.

3.

The Court certifies that any appeal from this Order finding Plaintiff’s allegations

to be frivolous would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).
4.

All pending motions are DENIED as moot.

5.

The Clerk is directed to close this file.

DONE and ORDERED in Chambers, Orlando, Florida this 19th day of June, 2013.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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