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WARNER v. UNITED STATES POSTAL SERVICE, 1:15-cv-284. (2015)

Court: District Court, W.D. Michigan Number: infdco20150925j48 Visitors: 6
Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT HOLMES BELL , District Judge . This is an action brought pursuant to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, 23 I.L.M. 1027 (the "Convention"), and the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350. On July 6, 2015, Magistrate Judge Philip J. Green issued a Report and Recommendation ("R&R") recommending that the Cou
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ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

This is an action brought pursuant to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, 23 I.L.M. 1027 (the "Convention"), and the Torture Victim Protection Act (TVPA), 28 U.S.C. § 1350. On July 6, 2015, Magistrate Judge Philip J. Green issued a Report and Recommendation ("R&R") recommending that the Court grant Defendant's motion to dismiss. The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so has expired. On review, the Court agrees with the analysis and conclusions in the R&R.

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 8) is ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Defendant's motion to dismiss (ECF No. 4) is GRANTED. Plaintiff's claim arising under the Convention is DISMISSED for lack of subject matter jurisdiction. Plaintiff's claim arising under the TVPA is DISMISSED for failure to state a claim.

A judgment will be entered that is consistent with this Order.

Source:  Leagle

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