Francis v. United States of America, No. 3:2013cv27294 - Document 19 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations of the Magistrate Judge; granting United States' 11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Dismissing Plaintiff's complaint; removing this action from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 4/3/2014. (cc: attys; any unrepresented parties) (mkw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KEITH FRANCIS, Plaintiff, v. CIVIL ACTION NO. 3:13-27294 UNITED STATES OF AMERICA , Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant the United States Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim (ECF No. 11); dismiss Plaintiff s complaint; and remove this action from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS the United States Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim (ECF No. 11); DISMISSES Plaintiff s complaint; and REMOVES this action from the docket of the Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: -2- April 3, 2014

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