Proper v. The Department of Veterans Affairs

Filing 31

ORDER denying as moot 13 Motion for Summary Judgment; adopting 27 Report and Recommendations. Signed by District Judge Elizabeth K. Dillon on 1/21/16. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
GLENN EARL PROPER,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

)
)
)
)
)
)
)
)
)

Civil Action No. 5:14-cv-00066
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with its memorandum opinion entered this day, the court hereby ORDERS
as follows:
1.

Plaintiff’s objection (Dkt. No. 29) to Magistrate Judge Joel C. Hoppe’s July 7,

2015 report and recommendation (R&R) is OVERRULED;
2.

The R&R (Dkt. No. 27) is ADOPTED;

3.

Defendant’s motion for summary judgment (Dkt. No. 13) is DENIED as moot;

4.

The case is DISMISSED without prejudice for lack of subject matter jurisdiction;

5.

The case is STRUCK from the court’s active docket.

and

The clerk is directed to mail a copy of this order to plaintiff at his address of record.
Entered: January 21, 2016.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge