Delco v. Warden et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 50 Report and Recommendations, granting 43 Motion to Dismiss/Lack of Jurisdiction filed by United States of America Signed by District Judge Henry T. Wingate on 2/1/2019 [Copy mailed to plaintiff] (cwl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JOHN DELCO
VS.

PLAINTIFF
CIVIL ACTION NO. 3:16-CV-933

UNITED STATES OF AMERICA

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This matter comes before this court pursuant to the Report and Recommendation of
United States Magistrate Judge Linda R. Anderson, which was entered on January 15, 2019
[doc. no. 50]. John Delco (hereafter “Plaintiff”) filed Objections to the Magistrate Judge’s
Report and Recommendation on February 1, 2019 [doc. no. 51].
After examining the record evidence in this case the Magistrate Judge recommended:
that the Defendant’s Motion to Dismiss [doc. no. 43] should be granted and this case
dismissed with prejudice; and a Final Judgment should be entered.
This Court has reviewed the Report and Recommendation of the Magistrate Judge
and the Objections of the Plaintiff, as well as the court filings and the relevant law, and
concludes that the findings in the Report and Recommendation [doc. no. 50] should be and
are hereby adopted as this Court’s own. Accordingly, the Motion to Dismiss [doc. no. 43]
is granted in favor of the Defendant and this matter is dismissed, with prejudice. A separate
Final Judgment will issue on this date.
SO ORDERED AND ADJUDGED, this the 1st day of February, 2019.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE