Mutter v. Peake, et al

Filing 21

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)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00309-MR-DLH DIANE J. MUTTER, ) ) Plaintiff, ) ) vs. ) ) MELISSA BRAGG, DAVID ) PRZESTRZELSKI, PATRICIA ) FULLER, and ROBERT A. ) McDONALD, ) ) Defendants. ) _______________________________ ) ORDER 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 PREJUDICE. IT IS SO ORDERED. Signed: January 8, 2018 2

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