Saint-Surin v. United States of America

Filing 27

ORDER granting 15 Motion to Dismiss for Lack of Jurisdiction; denying 23 Motion; Adopt Report and Recommendation 26 Report and Recommendation. (Written Opinion). Signed by Judge Ann D. Montgomery on 11/7/2012. (GS)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Margareth Saint-Surin, Civ. No. 11-3333 (ADM/JJK) Plaintiff, v. ORDER United States of America, Defendant. Margareth Saint-Surin, #50798-053, FCI, P.O. Box 1731, Waseca, MN 56093, pro se. Lonnie F. Bryan, Esq., Assistant United States Attorneys, counsel for Defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated October 22, 2012. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Defendant’s Motion to Dismiss or for Summary Judgment (Doc. No. 15), is GRANTED; 2. Plaintiff’s Motion Opposing Defendant’s Motion to Dismiss or for Summary Judgment (Doc. No. 23), is DENIED; and 3. This case is DISMISSED WITH PREJUDICE for lack of subject-matter jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: November 7, 2012 s/Ann D. Montgomery ________________________ ANN D. MONTGOMERY United States District Judge 2

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