Abusch et al v. United States of America

Filing 17

ORDER AND REASONS Adopting 14 Report & Recommendation and granting 6 Motion to Dismiss for Lack of Jurisdiction. Party United States of America dismissed. Signed by Chief Judge Sarah S. Vance on 11/20/2013. (mmm) Modified on 11/20/2013 (mmm).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SIDNEY ABUSCH, et al.

CIVIL ACTION

VERSUS

NO: 13-2529

UNITED STATES OF AMERICA

SECTION: R(3)

ORDER AND REASONS
Before the Court is the United States' motion to dismiss for
lack of subject matter jurisdiction and/or insufficient service
of process.1 The Magistrate Judge recommended that the United
States' motion be granted for lack of subject matter
jurisdiction.2 Having reviewed de novo the plaintiffs' petition,3
the record, the applicable law, the Magistrate Judge's Report and
Recommendation,4 and the plaintiffs' Objection to the Report and
Recommendation,5 the Court hereby approves the Report and
Recommendation and adopts it as its opinion.
In their Objection to the Report and Recommendation, the
plaintiffs do not address or object to the Fifth Circuit
precedent on which the Magistrate relies. See Williams v. U.S.,
453 Fed. App'x 532 (5th Cir. 2011); Masat v. U.S., 745 F.2d 985

1

R. Doc. 6.

2

R. Doc. 14.

3

R. Doc. 1.

4

R. Doc. 14.

5

R. Doc. 15.

(5th Cir. 1984). This precedent is binding upon the Court and
establishes that the Court lacks jurisdiction over this matter.
Accordingly,
The Court GRANTS the United States' motion to dismiss for
lack of subject matter jurisdiction.

New Orleans, Louisiana, this _____ day of November, 2013.
20th

___________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

2