Hernandez-Tapia v. United States of America et al, No. 1:2013cv00861 - Document 27 (N.D. Ala. 2014)

Court Description: MEMORANDUM OF OPINION. Signed by Judge Robert B Propst on 9/10/2014. (AVC)

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FILED 2014 Sep-10 AM 10:18 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ALFONZO HERNANDEZ-TAPIA, Plaintiff , v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) Case No. 1:13-cv-00861-RBP-TMP ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on August 18, 2014, recommending that the defendant s motion to dismiss be granted and this action be dismissed for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1). (Doc. 26). No objections were filed. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the defendant s motion to dismiss for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) is due to be granted. A Final Judgment will be entered. DATED this 10th day of September, 2014. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE

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