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HOOVER v. CENTRAL INTELLIGENCE AGENCY, 6:11-cv-1459-Orl-28DAB. (2013)

Court: District Court, M.D. Florida Number: infdco20130620b19 Visitors: 10
Filed: Jun. 19, 2013
Latest Update: Jun. 19, 2013
Summary: ORDER JOHN ANTOON, II, District Judge. This case is before the Court on Defendant's Motion to Dismiss Amended Complaint (Doc. No. 42) filed December 5, 2012. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it
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ORDER

JOHN ANTOON, II, District Judge.

This case is before the Court on Defendant's Motion to Dismiss Amended Complaint (Doc. No. 42) filed December 5, 2012. The United States Magistrate Judge has submitted a report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed May 23, 2013 (Doc. No. 49) is ADOPTED and CONFIRMED and made a part of this Order.

2. Defendant's Motion to Dismiss Amended Complaint (Doc. No. 42) is GRANTED. Plaintiff's Amended Complaint (Doc. No. 39) is DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(b). Defendant's Alternative Motion for Summary Judgment (Doc. No. 42) is DENIED as moot.

3. The Court certifies that any appeal from this Order finding Plaintiff's allegations to be frivolous would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).

4. All pending motions are DENIED as moot.

5. The Clerk is directed to close this file.

DONE and ORDERED.

Source:  Leagle

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