Hutton v. U.S. Department of Veterans Affairs

Filing 16

ORDER ACCEPTING 15 Memorandum and Recommendations; granting 6 Defendant's Motion to Dismiss; denying without prejudice 7 Defendant's Motion for Permanent Injunction; and denying 8 Plaintiff's Motion to Change Venue. FURTHER ORDERED this matter is DISMISSED WITH PREJUDICE. Signed by District Judge Martin Reidinger on 5/12/2017. (Pro se litigant served by US Mail.) (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00245-MR-DLH

RONALD HUGH HUTTON,

)
)
Plaintiff,
)
)
vs.
)
)
U.S. DEPARTMENT OF VETERANS )
AFFAIRS,
)
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 6]; the Defendant’s Motion for Permanent Injunction [Doc. 7];
the Plaintiff’s Motion to Change Venue [Doc. 8]; and the Magistrate Judge’s
Memorandum and Recommendation [Doc. 15] regarding the disposition of
the parties’ motions.
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 parties’ motions and to submit a
recommendation for their disposition.

On April 24, 2017, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing findings of fact and conclusions of
law in support of a recommendation regarding the parties’ motions. [Doc.
15]. 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 findings of fact are correct and the conclusions
of law are consistent with current case law. Accordingly, the Court hereby
accepts the Magistrate Judge’s recommendation that the Defendant’s
Motion to Dismiss be granted, the Defendant’s Motion for Permanent
Injunction be denied without prejudice, and the Plaintiff’s Motion to Change
Venue be denied.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 15] is ACCEPTED; the Defendant’s Motion to
Dismiss [Doc. 6] is GRANTED; the Defendant’s Motion for Permanent
Injunction [Doc. 7] is DENIED WITHOUT PREJUDICE; and the Plaintiff’s
Motion to Change Venue [Doc. 8] is DENIED.
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IT IS FURTHER ORDERED that this matter is hereby DISMISSED
WITH PREJUDICE.
IT IS SO ORDERED.

Signed: May 12, 2017

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