Boggs-Wilkerson v. Anderson et al, No. 2:2010cv00518 - Document 51 (E.D. Va. 2011)
Court Description: FINAL ORDER - adopting in full the findings and recommendations set forth in the Report and Recommendation; substituting the United States for Alonzo Anderson as the sole defendant; denying 38 Motion to Remand to the Consolidated 13-Complaint; and the case is DISMISSED against the United States as Virginia Code § 38.2-2206(F) creates no exception to its immunity from suit. Signed by District Judge Rebecca Beach Smith and filed on 12/30/2011. (rsim)
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Boggs-Wilkerson v. Anderson et al Doc. 51 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division DENISE BOGGS-WILKERSON, Plaintiff, Consolidated Under ACTION NO. v. ALONZO ANDERSON, UNITED STATES 2:10cv518 and OF AMERICA, Defendants. FINAL ORDER This matter comes before the court on the Motion to Remand to Norfolk Circuit Court or in the Alternative to Retain Jurisdiction and Proceed With Uninsured Motorists Claim on Its Merits to Remand") filed by the plaintiff on August 1, before court the for action on {originally assigned 2:llcvl3, "13-Complaint") , to this court 2:10cv518. hearings, findings consolidated Complaint and hereinafter referred to as the and consolidated under this Civil removed Action No. The matter was referred to a United States Magistrate U.S.C. Procedure second The case is which was filed in Norfolk Circuit Court, Judge by order of September 21, 28 a 2011. {"Motion § 636{b){l)(B) 72(b), to if necessary, of fact, disposition of if and conduct 2011, pursuant to the provisions of (C) and hearings, and to submit applicable, Federal Rule including of Civil evidentiary to the undersigned proposed and recommendations for the the motion. Dockets.Justia.com The Magistrate Judge's Report and Recommendation was filed on November 17, 2011. The magistrate judge recommended that the plaintiff's Motion to Remand be denied and the case be dismissed. By copy of the Report and Recommendation, the parties were advised of their right to file written objections thereto. 2011, On November 30, the court received plaintiff's Objection to the Magistrate Judge's Report and Recommendation and on December court received defendant's, 13, United States of America, 2011, the Response to plaintiff's Objection. The court, having examined the objections Recommendation thereto, and does having hereby adopt made de novo and approve in to the Report and findings full the with respect findings and recommendations set forth in the Report and Recommendation of the United States Accordingly, Magistrate the United Judge States Anderson as the sole defendant, is filed hereby SUBSTITUTED 17, 2 011. for Alonzo and plaintiff's Motion to Remand the Consolidated 13-Complaint is DENIED, and the case is DISMISSED against the United States as Virginia Code no exception to its November § 38.2-2206(F) creates immunity from suit. The Clerk shall forward a copy of this Final Order to counsel for the parties. It is so ORDERED. hi Rebecca Beach Smith Norfolk, Virginia December -2q , 2011 Chief United States District Judge
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