Reagan v. Peterson et al

Filing 66

ORDER ACCEPTING THE 59 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Barbara M.G. Lynn on 11/15/2012) (tln)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DARREN L. REAGAN, Plaintiff, ) ) ) v. ) ) UNITED STATES OF AMERICA, ) JOHN DE LA GARZA, AUSA, ) WILBUR M. GREGORY, JR., SSA, ) Federal Bureau of Investigation, and ) ALAN HAMPTON, SA, Internal Revenue Servic)e. Defendants. ) Civ. No. 3:11-CV-0004-M-BF ORDER ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has under consideration the Findings and Recommendation of United States Magistrate Judge Paul D. Stickney. Plaintiff filed objections on November 13, 2012, and the District Court has made a de novo review of those portions of the proposed Findings and Recommendation to which objection was made. The objections are overruled, and the Court accepts the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court has previously dismissed with prejudice Plaintiff’s claims against Alan Hampton. Defendants’ Motion to Dismiss Pursuant to FED. R. CIV. P. 12(b)(1) is granted. Plaintiff’s claims against the United States, the Federal Bureau of Investigation, John De La Garza, and William M. Gregory, Jr., in their official capacities, are dismissed with prejudice for lack of subject matter jurisdiction based upon sovereign immunity. Defendants’ Motion for Summary Judgment Pursuant to FED. R. CIV. P. 56 is granted. Plaintiff’s claims against John De La Garza and William M. Gregory, Jr., in their individual capacities, are dismissed with prejudice. SO ORDERED this 15th day of November, 2012. _________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS 2

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