Miller v. Nestle USA

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 . IT IS ORDERED that pla's claims are DISMISSED with prejudice as frivolous and for otherwise failing to state a claim on which relief may be granted. Signed by Chief Judge Sarah S. Vance on 1/15/2010.(rll, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JAMES MILLER VERSUS NESTLE, USA ORDER The Court, finding that as of this date neither party has filed any objections to the Magistrate Judge's Report and Recommendations, hereby approves the Report and adopts it as its opinion. Accordingly, IT IS ORDERED that plaintiff James Miller's claims that defendant Nestle, USA negligently manufactured and distributed a contaminated Baby Ruth candy bar are DISMISSED with prejudice as frivolous and for otherwise failing to state a claim on which relief may be granted. CIVIL ACTION NO: 09-7511 SECTION: R(1) New Orleans, Louisiana, this 15th day of January, 2010. ___ _____________________________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE

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