Wilson v. United States of America

Filing 37

ORDER DENYING 34 Motion for Joinder; ADOPTING DE 35 Report and Recommendations; DENYING DE 36 Motion; GRANTING DE 15 Motion to Dismiss. Signed by Judge John T. Fowlkes, Jr on 7/11/13. (Fowlkes, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

STANLEY F. WILSON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 2:11-cv-02302-JTF-cgc

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
ORDER DENYING PLAINTIFF’S MOTION FOR JOINDER

Before the Court is Defendant’s United States of America Motion to Dismiss Complaint,
filed on August 3, 2012, pursuant to Fed. R. Civ. P. 12(b)(1) (D.E. #15); and Plaintiff’s Motion
for Joinder, filed on June 10, 2013 (D.E. #34). On March 27, 2013, these Motions were referred
to the Magistrate for Report and Recommendation, pursuant to 28 U.S.C. §§631-39. (D.E. #25).
On June 12, 2013, the Magistrate entered her Report and Recommendation, recommending that
Defendant’s Motion for Dismiss should be granted and that Plaintiff’s Motion for Joinder should
be denied as moot. (D.E. #35). On June 26, 2012, Plaintiff filed a “Motion of Appeal from
Magistrate Judge to District Judge In Accordance with the Rules of Civil Procedure Rule under
Title 28, U.S.C. § 636(c)(4) and Rule 73(d)” as an objection to the Magistrate’s Report and
Recommendation. Plaintiff’s objections to the Magistrate’s Report and Recommendation are
extraneous and do not address the Magistrate’s analysis of the dismissal of his Complaint or of
his Motion for Joinder.

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Thus, after reviewing the Magistrate Judge’s Report and Recommendation, the parties’
motions and responses, Plaintiff’s objections, and the entire record, the Court hereby ADOPTS
the Magistrate’s Report and Recommendation.
IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss Plaintiffs’ Complaint
for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1) is GRANTED, and
Plaintiff’s Motion for Joinder is DENIED as MOOT.
IT IS SO ORDERED this 11th day of July, 2013.
BY THIS COURT:
s/John T. Fowlkes, Jr.
JOHN T. FOWLKES, JR.
United States District Judge

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