Jackson v. United States

Filing 23

ORDER: The court determines that the 22 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant United States of America's 17 Motion to Dismiss for Lack of Subject-Matter Jurisdiction; denies as moot Defendant's Motion for a More Definite Statement; and dismisses Plaintiff's action without prejudice. (Ordered by Judge Sam A Lindsay on 12/27/2016) (axm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEBORAH JACKSON, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. § § § § § § § § § Civil Action No. 3:15-CV-3136-L ORDER Before the court is Defendant United States of America’s Motion to Dismiss for Lack of Subject-Matter Jurisdiction or, in the Alternative, Motion for a More Definite Statement (Doc. 17), filed May 27, 2016. On November 14, 2016, United States Magistrate Judge Irma Carrillo Ramirez entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”), recommending that Plaintiff be given an opportunity to amend her complaint within the time that is allowed for objections to the Report. If Plaintiff does not file an amended complaint, the Report recommends that Defendant’s motion to dismiss for lack of subject matter jurisdiction be granted and that Plaintiff’s action be dismissed without prejudice. More than 30 days have elapsed since the Report was filed, and Plaintiff has not amended her complaint or filed any objections to the Report. Having reviewed the motion, record in this case, applicable law, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant United States of America’s Motion Order – Page 1 to Dismiss for Lack of Subject-Matter Jurisdiction; denies as moot Defendant’s Motion for a More Definite Statement; and dismisses Plaintiff’s action without prejudice. It is so ordered this 27th day of December, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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