POLLINGER v. INTERNAL REVENUE SERVICE OVERSIGHT BOARD et al

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATION. Plaintiff's motion for summary judgment 47 is DENIED. Defendant's motion for summary judgment 51 is GRANTED, and judgment for defendant shall be entered accordingly. Signed by SENIOR JUDGE ROGER VINSON on 3/4/09. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION HARRY POLLINGER, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated February 3, 2009. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. 2. 3. The magistrate judge's report and recommendation is adopted and Plaintiff's motion for summary judgment (doc. 47) is DENIED. Defendant's motion for summary judgment (doc. 51) is GRANTED, and incorporated by reference in this order. CASE NO.: 3:07cv13/RV/MD

judgment for defendant shall be entered accordingly. DONE AND ORDERED this 4th day of March, 2009.

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE