Filing 40
JUDGMENT ADOPTING 34 Report and Recommendations re 14 Motion to Dismiss/Lack of Jurisdiction filed by Donald R Smith and 15 Motion for Summary Judgment filed by Donald R Smith. IT IS ORDERED that the Motion to Dismiss for Lack of Subject Matte r Jurisdiction filed by Defendant Donald R Smith is hereby GRANTED and the that Plaintiffs' complaint against Defendants Donald Ray Smith, MD and Overton Brooks VA Medical Center is hereby DISMISSED WITHOUT PREJUDICE in its entirety. IT IS FURTHER ORDERED that the Motions to Dismiss for failure to State a Claim Upon which Relief Can Be Granted and for Summary Judgment are otherwise DENIED AS MOOT. Signed by Chief Judge Robert G James on 08/02/10. (crt,Yocum, M)
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