Moon v. UPS, No. 2:2011cv00032 - Document 21 (N.D. Ga. 2012)

Court Description: ORDER APPROVING 18 Final Report and Recommendation as the Opinion and Order of this Court. Defendants Motion to Dismiss Plaintiffs Complaint 6 is GRANTED, and Plaintiffs Motion not to Dismiss his Complaint 14 is DENIED. Signed by Judge Richard W. Story on 1/27/2012. (vld)

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Moon v. UPS Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION JERRY MOON, Plaintiff, v. UPS, Defendant. : : : : : : : : : CIVIL ACTION NO. 2:11-CV-00032-RWS ORDER This case is before the Court for consideration of the Final Report and Recommendation [18] of Magistrate Judge Susan S. Cole. Following issuance of the Report and Recommendation, Plaintiff filed an Objection under the heading “Letter of Appeal to Dismissal of Claim” [19]. After reviewing the record, the Court enters the following Order. Judge Cole recommends dismissal of this action because Plaintiff failed to plead facts and laws showing why he is entitled to relief. In his Objections, Plaintiff offers additional facts to those stated in the original Complaint. However, the Court finds that these additional allegations still fail to satisfy the standard for adequately pleading a claim. Therefore, the Report and Recommendation is received with approval and adopted as the Opinion and AO 72A (Rev.8/82) Dockets.Justia.com Order of this Court. Defendant’s Motion to Dismiss Plaintiff’s Complaint [6] is GRANTED, and Plaintiff’s Motion not to Dismiss his Complaint [14] is DENIED. SO ORDERED, this 27th day of January, 2012. ________________________________ RICHARD W. STORY United States District Judge 2 AO 72A (Rev.8/82)

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