STUART v. UNITED STATES OF AMERICA

Filing 49

ORDER ADOPTING 47 REPORT AND RECOMMENDATION: granting 45 Motion to Dismiss for Lack of Jurisdiction. Clerk directed to close this case. Signed by SENIOR JUDGE STEPHAN P MICKLE on 1/12/2012. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIE MAE STUART,
Plaintiff,
vs.

CASE NO.: 4:10-CV-96-SPM/GRJ

CARBONELLY, et al.,
Defendants.
___________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 47). Plaintiff has been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). Plaintiff filed objections (doc. 48). Upon consideration, and despite
the Plaintiff’s objections, I have determined that the Report and
Recommendation is accurate and should be adopted.
Defendants filed a motion to dismiss (doc. 46) for lack of jurisdiction and
failure to state a claim upon which relief may be granted arguing that Plaintiff did
not exhaust her administrative remedies. The Report and Recommendation
states, and this Court agrees, that because Plaintiff failed to exhaust her
administrative remedies, the claims must be dismissed.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 47) is
adopted and incorporated by reference into this order.

2.

The Motion to Dismiss (doc. 45) is granted.

3.

The clerk is directed to close this case.

DONE AND ORDERED this 12th day of January, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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