GALLUZZO et al v. UNITED STATES OF AMERICA
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations, 6 Motion to Dismiss for Lack of Jurisdiction, ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 11/30/15. (sr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DOMINICK GALLUZZO and
Civil Action No. 15-2201 (CCC-MF)
UNITED STATES OF AMERICA,
CECCHI, District Judge.
This matter comes before the Court on the motion of Defendant United States of America
to dismiss the Complaint for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil
Procedure 12(b)(1), and for failure to state a claim pursuant to Federal Rule of Civil Procedure
12(b)(6). (ECF No. 6.) Plaintiffs Dominick Galluzzo and Angela Galluzzo (collectively,
“Plaintiffs”) opposed Defendant’s motion. (ECF No. 8.) On November 4, 2015, Magistrate
Judge Mark Falk issued a Report and Recommendation that Defendant’s motion to dismiss for
lack of subject matter jurisdiction be granted. (ECF No. 13.) No objections have been filed
thereto. The Court has considered the submissions of the parties, and Judge Falk’s Report and
Recommendation, and for substantially the same reasons stated therein;
ORDERED this Court adopts Judge Falk’s November 4, 2015 Report and
Recommendation that Defendant’s motion to dismiss for lack of subject matter jurisdiction be
granted; and it is further
ORDERED this case be dismissed without prejudice; and it is further
ORDERED the Clerk of the Court shall close the file in this matter.
CLAIRE C. CECCHI, U.S.D.J.
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