Warner v. United States Postal Service

Filing 9

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 8 , granting defendant's motion to dismiss 4 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRUCE L. WARNER,
Plaintiff,

Case No. 1:15-cv-284

v.
HON. ROBERT HOLMES BELL
UNITED STATES POSTAL SERVICE,
Defendant.
/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is an action brought pursuant to the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, 23
I.L.M. 1027 (the “Convention”), and the Torture Victim Protection Act (TVPA), 28 U.S.C.
§ 1350. On July 6, 2015, Magistrate Judge Philip J. Green issued a Report and
Recommendation (“R&R”) recommending that the Court grant Defendant’s motion to
dismiss. The R&R was duly served on the parties. No objections have been filed, and the
deadline for doing so has expired. On review, the Court agrees with the analysis and
conclusions in the R&R.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 8) is
ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Defendant’s motion to dismiss (ECF No. 4)
is GRANTED. Plaintiff’s claim arising under the Convention is DISMISSED for lack of
subject matter jurisdiction. Plaintiff’s claim arising under the TVPA is DISMISSED for
failure to state a claim.
A judgment will be entered that is consistent with this Order.

Dated: September 24, 2015

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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