BALDWIN v. SHINSEKI et al

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATION and granting 14 Motion to Dismiss for Lack of Jurisdiction filed by UNITED STATES DEPARTMENT OF VETERANS AFFAIRS signed by SENIOR JUDGE MAURICE M PAUL on 9/27/12. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RAYMOND B BALDWIN,
Plaintiff,
v.

CASE NO. 1:12-cv-00058-MP-GRJ

ERIC SHINSEKI, UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 18, Report and Recommendation of Magistrate
Judge, recommending that this case be dismissed for lack of jurisdiction. The plaintiff filed
objections, Doc. 19, and the Court has made a de novo determination of those portions of the
Report and Recommendation to which objection was made. 28 U.S.C. § 636(b)(1).
The Court agrees with the Magistrate Judge that the United States has not waived its
sovereign immunity regarding claims by federal employees under the Family and Medical Leave
Act and has not waived sovereign immunity regarding claims of defamation against federal
agencies. Thus, plaintiff's claims are barred by sovereign immunity, and this Court lacks subject
matter jurisdiction.
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge is accepted and
incorporated herein.

2.

Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction, Doc. 14,
is GRANTED. This case is dismissed, and the Clerk is directed to close the file.

DONE AND ORDERED this 27th day of September, 2012

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge