Griffin v. United States of America Veterans Administration, No. 3:2012cv03561 - Document 14 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 13 Proposed Findings and Recommendations of the Magistrate Judge; granting United States of America's 9 MOTION to Dismiss the United States of America Veterans Administration as a Defendant and MOTION to Substitute the United States of America as the Sole Defendant and 11 MOTION to Dismiss the Complaint; DISMISSING, without prejudice, Plaintiff's Complaint for lack of subject matter jurisdiction, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 3/28/2013. (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 STEPHEN L. GRIFFIN, Plaintiff, v. CIVIL ACTION NO. 3:12-3561 UNITED STATES OF AMERICA VETERANS ADMINISTRATION, 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 Defendant s Motion to Substitute Defendant and Motion to Dismiss the Complaint be granted (ECF Nos. 9 and 11), and Plaintiff s Complaint (ECF No. 2) be dismissed, without prejudice, for lack of subject matter jurisdiction. 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 ORDERS that Defendant s Motion to Substitute Defendant and Motion to Dismiss the Complaint be GRANTED (ECF Nos. 9 and 11), and Plaintiff s Complaint (ECF No. 2) be DISMISSED, without prejudice, for lack of subject matter jurisdiction, 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- March 28, 2013

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