Kelly v. Adusumilli et al

Filing 23

ORDER granting 17 motion to dismiss case; adopting Report and Recommendations re 22 Report and Recommendations. Signed by District Judge Scott O. Wright on 1-21-09. (Morse, Judy)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MICHAEL KELLY, Plaintiff, v. NARAYANA ADUSUMILLI, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER No. 08-4101-CV-C-SOW On December 22, 2008, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). No exceptions have been filed. A review of the record convinces the court that the recommendation of the Magistrate Judge is correct and should be adopted. IT IS, THEREFORE, ORDERED that the Report and Recommendation of December 22, 2008, is adopted. [22] It is further ORDERED that defendants' motion to dismiss is granted and plaintiff's claims are dismissed, without prejudice, on abstention grounds. [17] /s/Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge Dated: January 21, 2009

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