Bailey v. City of Chesapeake, a municipal corporation et al
Filing
10
FINAL ORDER ADOPTING the findings and recommendations set forth in the 9 Report and Recommendation of the United States Magistrate Judge filed on 10/16/13; GRANTING Defendants' 4 Motion to Dismiss; DISMISSING case, noting appeal procedures. (See Order for Specifics) Entered and filed 11/20/13. (Signed by District Judge Mark S. Davis on 11/20/13). (ecav, )
FILED
UNITED
STATES
DISTRICT COURT
FOR THE EASTERN DISTRICT OP VIRGINIA
Norfolk Division
NOV 2 0 ?0?3
clemk. us •:•:? :-• z~ court
WAYNE BAILEY,
Plaintiff,
ACTION NO.
v.
2:13cv333
CITY OF CHESAPEAKE, a municipal
corporation, et al.,
Defendants.
FINAL
ORDER
This matter is before the Court on Defendants' Motion to Dismiss
for Failure to State a Claim (ECF No. 4) which was filed pursuant
to Rule 12(b)(6)
of the Federal Rules of Civil Procedure.
On September 30,
2013,
this matter was
referred to a United
States Magistrate Judge, pursuant to the provisions of 28 U.S.C.
§ 636(b)(1)(B)
for report
and recommendation.
The Report and
Recommendation of the Magistrate Judge was filed on October 16, 2013,
recommending that Defendants' Motion to Dismiss be granted.
By copy
of the report, each party was advised of the right to file written
objections to the findings and recommendations made by the Magistrate
Judge.
The Court has received no objections to the Magistrate
Judge's Report and Recommendation, and the time for filing same has
expired.
The Court hereby ADOPTS the findings and recommendations set
forth in the report of the United States Magistrate Judge filed on
October 16, 2013, and Defendants' Motion to Dismiss is GRANTED, and
this case is DISMISSED.
Plaintiff is ADVISED that he may appeal from this Final Order
by forwarding a written notice of appeal to the Clerk of the United
States District Court, United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510.
Said written notice must be received by
the Clerk within thirty (30) days from the date of this Final Order.
The Clerk shall forward a copy of this Final Order to counsel
of record for the parties.
/sM£r
Mark S.
Davis
United States District Judge
Norfolk,
Virginia
November *D . 2013
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