WITASICK v. HEAPHY et al

Filing 4

ORDERED that the Motion for a Temporary Restraining Order shall be DENIED and the Complaint shall be DISMISSED. Signed by Judge Jerome B. Simandle on 7/15/2010. (dmr, )(n.m.)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY KEVIN JOHN WITASICK, SR., Civil No. 10-3570 (JBS-KMW) Plaintiff, v. U.S. Attorney TIMOTHY J. HEAPHY; Assistant U.S Attorney C. PATRICK HOGEBOOM, III; and THE UNITED STATES OF AMERICA, Defendants. ORDER This matter came before the Court upon the filing of the Complaint and Motion for Temporary Restraining Order herein; and The Court having determined that it lacks jurisdiction over the subject matter of this action pursuant to Rule 12(h)(3), Fed. R. Civ. P.; and For the reasons stated in the Memorandum Opinion of today's date; IT IS, this 15th day of July, 2010, hereby ORDERED that the Motion for a Temporary Restraining Order shall be DENIED and the Complaint herein shall be DISMISSED for lack of subject matter jurisdiction. s/ Jerome B. Simandle JEROME B. SIMANDLE U.S. District Judge

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