Mutter v. Peake, et al
ORDER accepting 20 Memorandum and Recommendations; granting 17 Defendant's Motion to Dismiss for Lack of Jurisdiction; and this case is Dismissed without Prejudice. Signed by District Judge Martin Reidinger on 01/08/2018. (Pro se litigant served by US Mail.)(thh)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:16-cv-00309-MR-DLH
DIANE J. MUTTER,
MELISSA BRAGG, DAVID
FULLER, and ROBERT A.
THIS MATTER is before the Court on the Defendants’ Motion to
Dismiss [Doc. 17] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 20] 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 Respondents’ motion and to submit
a recommendation for its disposition.
On December 8, 2017, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing conclusions of law in support of a
recommendation regarding the Respondents’ motion. [Doc. 20]. 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 Defendants’ Motion to Dismiss should be granted
and this case should be dismissed.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 20] is ACCEPTED; the Defendants’ Motion to
Dismiss [Doc. 17] is GRANTED; and this case is DISMISSED WITH
IT IS SO ORDERED.
Signed: January 8, 2018
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