Holland v. U.S. Department of Veterans Affairs

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendation (Written Opinion). Defendant U.S. Department of Veterans Affairs' Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(1) 13 is GRANTED. Plaintiff's Complaint 1 is DISMISSED for lack of subject- matter jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Chief Judge Michael J. Davis on 5/28/15. (KMW) cc: Pro Se Plaintiff. Modified on 5/29/2015 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Fred C. Holland, Civ. No. 14-2441 (MJD/BRT) Plaintiff, v. U.S. Department of Veterans Affairs, ORDER Defendant. Fred C. Holland, 8874 Arona Avenue, Lexington, MN 55014, pro se Plaintiff. Craig R. Baune, Esq., United States Attorney’s Office, counsel for Defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated May 11, 2015. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Defendant U.S. Department of Veterans Affairs’ Motion to Dismiss Plaintiff’s Complaint pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. No. 13) is GRANTED; and 1 2. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED for lack of subject- matter jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: May 28, 2015 s/Michael J. Davis MICHAEL J. DAVIS Chief Judge, United States District Court 2

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