Brooks v. United States VA Administration

Filing 48

ORDER: For the reasons explained more fully in the Memorandum entered contemporaneously herewith, the court finds that the plaintiff's Objections lack merit. The court agrees with the Magistrate Judge's analysis and recommendations. There fore, the plaintiff's Objections are OVERRULED. The Clerk is DIRECTED to substitute the United States for the "United States VA Administration" as the only defendant to this action. The defendant's motion to dismiss 21 is GRAN TED, and this case is hereby DISMISSED.This order constitutes the judgment in this case. Signed by Chief Judge Kevin H. Sharp on 3/24/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION WANDA E. BROOKS, for Jesse W. Brooks Estate, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. UNITED STATES VA ADMINISTRATION, Defendant. No. 3:14-cv-00159 Chief Judge Sharp ORDER On December 4, 2014, the Magistrate Judge issued a Report and Recommendation (R&R) (Docket No. 31) as to the defendant’s motion to dismiss filed on August 29, 2014 (Docket No. 21), recommending that the motion be granted and that this action be dismissed with prejudice. Pending before the court are Objections to the R&R timely filed by the plaintiff (Docket No. 40), a response filed by the defendant (Docket No. 42), and the plaintiff’s reply to that response (Docket No. 43). For the reasons explained more fully in the Memorandum entered contemporaneously herewith, the court finds that the plaintiff’s Objections lack merit. The court agrees with the Magistrate Judge’s analysis and recommendations. Therefore, the plaintiff’s Objections are OVERRULED. The Clerk is DIRECTED to substitute the United States for the “United States VA Administration” as the only defendant to this action. The defendant’s motion to dismiss (Docket No. 21) is GRANTED, and this case is hereby DISMISSED. This order constitutes the judgment in this case. It is so ORDERED. Kevin H. Sharp Chief United States District Judge

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