Wiand v. United States of America

Filing 26

Order Adopting 24 Findings and Recommendation of the United States Magistrate Judge. (Ordered by Chief Judge Sidney A Fitzwater on 9/27/2013) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MELVIN WIAND,
Plaintiff,
V.
UNITED STATES OF AMERICA,
Defendant.

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No. 3:13-CV-1433-D

ORDER
After making an independent review of the pleadings, files, and records in this
case, and the findings, conclusions, and recommendation of the magistrate judge, the
court concludes that the findings and conclusions are correct. It is therefore ordered
that the findings, conclusions, and recommendation of the magistrate judge are
adopted.
Plaintiff’s September 5, 2013 appeal of denial of evidentiary hearing is denied.
Defendant’s motion to dismiss or, in the alternative, motion for summary
judgment is granted, and this action is dismissed with prejudice by judgment filed
today.
SO ORDERED.
September 27, 2013.

_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE