Hamilton v. United States of America et al

Filing 23

MEMORANDUM ORDER ADOPTING 21 Report and Recommendations. It is ORDERED that dft's 10 motion to dismiss is GRANTED and pla's claims are dismissed in their entirety w/prejudice, for lack of subject matter jurisdiction and failure to state a claim. All pending motions not addressed herein are DENIED AS MOOT. This is a final judgment disposing of all claims and parties. SO ORDERED. Signed by Judge Ron Clark on 3/7/12. (pkb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LOUIS CHARLES HAMILTON, II,
Plaintiff,
v.
UNITED STATES OF AMERICA,
PRESIDENT ANDREW JOHNSON,
and PRESIDENT RUTHERFORD B.
HAYES,
Defendants.

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CIVIL ACTION NO. 1:10-CV-808

MEMORANDUM ORDER ADOPTING REPORT AND DISMISSING CASE
Pending before the Court is the defendant United States of America’s motion to dismiss [doc.
#10]. The Court referred this matter to United States Magistrate Judge Keith F. Giblin for
consideration and recommended disposition of case-dispositive pretrial motions. The Court has
received and considered the report of the United States Magistrate Judge, along with the record and
pleadings.
The magistrate judge recommended that the defendant’s motion be granted. Judge Giblin
also recommended that the Court dismiss the plaintiff’s claims for lack of subject matter jurisdiction
and failure to state a claim. No party has objected to the report and recommendation. After review,
the Court finds that Judge Giblin’s findings and recommendations should be accepted.
Based upon the magistrate judge’s findings of fact and recommended disposition, the Court
ORDERS that the report and recommendation [doc. #21] is ADOPTED. The Court further
ORDERS that the defendant’s motion to dismiss [doc. #10] is GRANTED. The plaintiff’s claims
are DISMISSED in their entirety, with prejudice, for lack of subject matter jurisdiction and failure
to state a claim. The Clerk is directed to CLOSE this civil action. All pending motions not

addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and
parties.
So ORDERED and SIGNED this 7 day of March, 2012.

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Ron Clark, United States District Judge

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