Abusch et al v. United States of America, No. 2:2013cv02529 - Document 17 (E.D. La. 2013)
Court Description: ORDER AND REASONS Adopting 14 Report & Recommendation and granting 6 Motion to Dismiss for Lack of Jurisdiction. Party United States of America dismissed. Signed by Chief Judge Sarah S. Vance on 11/20/2013. (mmm) Modified on 11/20/2013 (mmm).
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Abusch et al v. United States of America Doc. 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SIDNEY ABUSCH, et al. CIVIL ACTION VERSUS NO: 13-2529 UNITED STATES OF AMERICA SECTION: R(3) ORDER AND REASONS Before the Court is the United States' motion to dismiss for lack of subject matter jurisdiction and/or insufficient service of process.1 The Magistrate Judge recommended that the United States' motion be granted for lack of subject matter jurisdiction.2 Having reviewed de novo the plaintiffs' petition,3 the record, the applicable law, the Magistrate Judge's Report and Recommendation,4 and the plaintiffs' Objection to the Report and Recommendation,5 the Court hereby approves the Report and Recommendation and adopts it as its opinion. In their Objection to the Report and Recommendation, the plaintiffs do not address or object to the Fifth Circuit precedent on which the Magistrate relies. See Williams v. U.S., 453 Fed. App'x 532 (5th Cir. 2011); Masat v. U.S., 745 F.2d 985 1 R. Doc. 6. 2 R. Doc. 14. 3 R. Doc. 1. 4 R. Doc. 14. 5 R. Doc. 15. Dockets.Justia.com (5th Cir. 1984). This precedent is binding upon the Court and establishes that the Court lacks jurisdiction over this matter. Accordingly, The Court GRANTS the United States' motion to dismiss for lack of subject matter jurisdiction. New Orleans, Louisiana, this _____ day of November, 2013. 20th ___________________________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE 2
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