Lai v. Dept. of Justice et al

Filing 26

ORDER granting 11 Motion to Dismiss; adopting re 22 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 7/26/2013. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
HONGAN LAI,
Plaintiff,
v.
DEPT. OF JUSTICE, et al.,
Defendants.

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)
)
Civil Action No. 5:13cv00033
)
)
) By: Michael F. Urbanski
)
United States District Judge
)
)
ORDER

This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The magistrate judge filed a report and recommendation on July 8, 2013,
recommending that the case against defendant Ben L. Cline be dismissed. Plaintiff, who is
proceeding pro se, filed an objection to the report and recommendation.
The court has reviewed the magistrate judge’s report and plaintiff’s objection to the
report and, in so doing, made a de novo determination of those portions of the report to which the
plaintiff objected. The court finds that the magistrate judge was correct in concluding that the
claim against Ben L. Cline should be dismissed.
It is therefore ORDERED and ADJUDGED that the report and recommendation (Dkt. #
22) is ADOPTED in its entirety, and that plaintiff’s claim against defendant Ben L. Cline is
DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, Rule
12(b)(6), and STRICKEN from the active docket of the court.

The Clerk is directed to send a certified copy of this Order to plaintiff and to counsel of
record.
Entered: July 26, 2013

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

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