Brown v. United States et al

Filing 49

ORDER adopting Report and Recommendation re 46 ; granting 34 Motion to Dismiss for Lack of Jurisdiction. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 10/11/2011. (JMB)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK EDW ARD E. BROW N, v. ORDER 10-CV-497 UNITED STATES OF AMERICA, Defendant. This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A). On July 26, 2011, defendant filed a Motion to dismiss. On September 23, 2011, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion to dismiss be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, defendant's motion to dismiss is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: October 11, 2011

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