Limoges v. US Department of Homeland Security et al

Filing 20

ORDER adopting 19 REPORT AND RECOMMENDATIONS re 15 MOTION to Dismiss Complaint filed by US Department of Homeland Security, Social Security Administration. The Motion to Dismiss is GRANTED in part and DENIED in part. Plaintiff is DIRECTED to file an Amended Complaint within 14 days of the date of this Order. Signed by Judge Paul G. Byron on 10/21/2015. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DALE LIMOGES, Plaintiff, v. Case No: 6:15-cv-616-Orl-40TBS US DEPARTMENT OF HOMELAND SECURITY and SOCIAL SECURITY ADMINISTRATION, Defendants. / ORDER This cause is before the Court on Defendants' Motion to Dismiss (Doc. 15) filed on August 17, 2015. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part. 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. The Report and Recommendation filed October 2, 2015 (Doc. 19), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion to Dismiss Count II (Doc. 15) is GRANTED without prejudice. 3. The Motion to Dismiss Count I (Doc. 15) is DENIED. 4. Plaintiff is DIRECTED to file an amended compliant which complies with the Report and Recommendation within fourteen (14) days of the date of this Order. DONE AND ORDERED in Orlando, Florida on October 21, 2015. Copies furnished to: Counsel of Record Unrepresented Parties 2

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