Machnik v. Jewell et al

Filing 18

ORDER that the Memorandum and Recommendation 13 is ACCEPTED; the Defendants' Motion to Substitute Party 6 is GRANTED; and the United States is hereby substituted as the party defendant in this action. IT IS FURTHER ORDERED that the Department of Interior and Sally M. Jewell are hereby DISMISSED from this action. Signed by District Judge Martin Reidinger on 03/03/17. (Pro se litigant served by US Mail.)(emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00104-MR-DLH

PATRICIA BLOKER MACHNIK,

)
)
Plaintiff,
)
)
vs.
)
)
UNITED STATES DEPARTMENT OF )
INTERIOR and SALLY M. JEWELL,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motion to
Substitute Party [Doc. 6] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 13] regarding the disposition of that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the Defendants’ motion to substitute and
to submit a recommendation for its disposition.
On November 28, 2016, the Magistrate Judge filed a Memorandum
and Recommendation in this case containing conclusions of law in support
of a recommendation regarding the motion to substitute. [Doc. 13]. The

parties were advised that any objections to the Magistrate Judge’s
Memorandum and Recommendation were to be filed in writing within
fourteen (14) days of service. The period within which to file objections has
expired,

and

no

written

objections

to

the

Memorandum

and

Recommendation have been filed.
After a careful review of the Magistrate Judge’s Recommendation, the
Court finds that the proposed conclusions of law are consistent with current
case law. Accordingly, the Court hereby accepts the Magistrate Judge’s
recommendation that the motion to substitute be granted and the United
States be substituted as the party defendant.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 13] is ACCEPTED; the Defendants’ Motion to
Substitute Party [Doc. 6] is GRANTED; and the United States is hereby
substituted as the party defendant in this action.
IT IS FURTHER ORDERED that the Department of Interior and Sally
M. Jewell are hereby DISMISSED from this action.
IT IS SO ORDERED.

Signed: March 3, 2017

2