O'Mara v. Virginia Department Of Corrections

Filing 32

ORDER entered 2/22/17 and filed 2/23/17 as to defendant' 6 Motion to Dismiss filed on September 23, 2016. This matter was referred to a United States Magistrate Judge by Order of October 11, 2016, as outlined. ECF No. 13 The United States Magistrate Judge's Report and Recommendation ECF No. 28 was filed on February 2, 2017. The Magistrate Judge recommended that the court deny defendant's Motion to Dismiss. The court does hereby adopt and approve in full the findings an d recommendations set forth in the 28 Report and Recommendation of the United States Magistrate Judge filed February 2, 2017. Accordingly, the Defendant's 6 Motion to Dismiss is DENIED. (See Order for Specifics) (Signed by Chief District Judge Rebecca Beach Smith on 2/22/17). Copies provided as directed 2/23/17. (ecav, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

DANIELLE L.

KRAMER O'SIARA,

Plaintiff,
V.

Case No. 2:16cv489

VIRGINIA DEPARTMENT OF

CORRECTIONS,
Defendant.
ORDER

This matter comes before the court on defendant'

Dismiss

(EOF No.

6)

filed on September 23,

2016.

Motion to

The matter was

referred to a United States Magistrate Judge by Order of October 11,
2016,

(ECF

No.

13),

pursuant

to

the

provisions

of

28

U.S.C.

§ 636 (b) (1) (B) and Federal Rule of Civil Procedure 72(b) , to conduct

hearings,

including

evidentiary hearings,

if

necessary,

and

to

submit to the undersigned proposed findings of fact, if applicable,
and recommendations for the disposition of the Motion to Dismiss.

The United States Magistrate Judge's Report and Recommendation
(ECF No.

28) was filed on February 2,

2017.

The Magistrate Judge

recommended that the court deny defendant's Motion to Dismiss.
By copy of the Report and Recommendation of the Magistrate
Judge,

the parties were advised of

objections thereto.

their right

to

file written

The court has received no objections to the

Magistrate Judge's Report and Recommendation, and the time for filing

same has expired.

The court does hereby adopt and approve in full

the

recommendations

findings

and

set

forth

in

the

Report

and

Recommendation of the United States Magistrate Judge filed February

2, 2017.

Accordingly, defendant's Motion to Dismiss is DENIED.

The Clerk shall forward a copy of this Order to all parties of
record.

I t i s so ORDERED.

Rebecca Beach Smith
Chief Judge
REBECCA BEACH SMITH

CHIEF JUDGE

February 22,

2017