-KFG Hamilton v. United States of America et al, No. 1:2010cv00808 - Document 23 (E.D. Tex. 2012)
Court Description: MEMORANDUM ORDER ADOPTING 21 Report and Recommendations. It is ORDERED that dft's 10 motion to dismiss is GRANTED and pla's claims are dismissed in their entirety w/prejudice, for lack of subject matter jurisdiction and failure to state a claim. All pending motions not addressed herein are DENIED AS MOOT. This is a final judgment disposing of all claims and parties. SO ORDERED. Signed by Judge Ron Clark on 3/7/12. (pkb, )
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-KFG Hamilton v. United States of America et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LOUIS CHARLES HAMILTON, II, Plaintiff, v. UNITED STATES OF AMERICA, PRESIDENT ANDREW JOHNSON, and PRESIDENT RUTHERFORD B. HAYES, Defendants. § § § § § § § § § § § § CIVIL ACTION NO. 1:10-CV-808 MEMORANDUM ORDER ADOPTING REPORT AND DISMISSING CASE Pending before the Court is the defendant United States of America’s motion to dismiss [doc. #10]. The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions. The Court has received and considered the report of the United States Magistrate Judge, along with the record and pleadings. The magistrate judge recommended that the defendant’s motion be granted. Judge Giblin also recommended that the Court dismiss the plaintiff’s claims for lack of subject matter jurisdiction and failure to state a claim. No party has objected to the report and recommendation. After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted. Based upon the magistrate judge’s findings of fact and recommended disposition, the Court ORDERS that the report and recommendation [doc. #21] is ADOPTED. The Court further ORDERS that the defendant’s motion to dismiss [doc. #10] is GRANTED. The plaintiff’s claims are DISMISSED in their entirety, with prejudice, for lack of subject matter jurisdiction and failure to state a claim. The Clerk is directed to CLOSE this civil action. All pending motions not Dockets.Justia.com addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and parties. So ORDERED and SIGNED this 7 day of March, 2012. ___________________________________ Ron Clark, United States District Judge 2
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