Simmons v. Kansas Department of Revenue et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Dismissal for 7 Report and Recommendations Signed by District Judge Julie A. Robinson on 2/27/2017. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MICHAEL R. SIMMONS,
Plaintiff,
v.

Case No. 16-2823-JAR-GLR

KANSAS DEPARTMENT OF REVENUE, AND
EQUIP-BID AUCTIONS,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on Magistrate Judge Gerald L. Rushfelt’s Report and
Recommendation filed on February 6, 2017 (Doc. 7). Fourteen days having passed, and no
written objections being filed to the proposed findings and recommendations filed by Judge
Rushfelt, and after a de novo determination upon the record pursuant to Fed. R. Civ. P. 72(b), the
Court accepts the recommended decision and adopts it as its own.
IT IS THEREFORE ORDERED BY THE COURT that that in accordance with the
February 6, 2017 Report and Recommendation (Doc. 7), this case is dismissed without
prejudice for lack of jurisdiction, and alternatively, for failure to state a claim upon which relief
may be granted.
IT IS SO ORDERED.
Dated: February 27, 2017
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE