Lopez v. U.S., 5:11-cv-57-Oc-23PRL. (2018)
Court: District Court, M.D. Florida
Number: infdco20181207c39
Visitors: 11
Filed: Dec. 05, 2018
Latest Update: Dec. 05, 2018
Summary: ORDER STEVEN D. MERRYDAY , District Judge . The United States (1) moves under Rules 12(b)(3) and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the remaining claims in Ramon Lopez's second amended complaint or alternatively (2) moves under Rule 56(c), Federal Rules of Civil Procedure, for summary judgment (Doc. 82). Lopez both responds to the United States' motion and moves for summary judgment (Docs. 98, 99). Under 28 U.S.C. 636 and Local Rule 601(b), the motions were referred t
Summary: ORDER STEVEN D. MERRYDAY , District Judge . The United States (1) moves under Rules 12(b)(3) and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the remaining claims in Ramon Lopez's second amended complaint or alternatively (2) moves under Rule 56(c), Federal Rules of Civil Procedure, for summary judgment (Doc. 82). Lopez both responds to the United States' motion and moves for summary judgment (Docs. 98, 99). Under 28 U.S.C. 636 and Local Rule 601(b), the motions were referred to..
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ORDER
STEVEN D. MERRYDAY, District Judge.
The United States (1) moves under Rules 12(b)(3) and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the remaining claims in Ramon Lopez's second amended complaint or alternatively (2) moves under Rule 56(c), Federal Rules of Civil Procedure, for summary judgment (Doc. 82). Lopez both responds to the United States' motion and moves for summary judgment (Docs. 98, 99). Under 28 U.S.C. § 636 and Local Rule 601(b), the motions were referred to the magistrate judge, who on September 28, 2018, issued his report and recommendation (Doc. 101). Lopez objects (Doc. 102) to the report and recommendation.
I reviewed the report and recommendation and independently examined the parties' papers. Lopez's objections (Doc. 102) are OVERRULED. The report and recommendation (Doc. 101) is ADOPTED. The United States' motion for summary judgment (Doc. 82) is GRANTED as to FOIA Request No. 2010-02251 and FOIA Request No. 2010-07847.
Lopez's claim with respect to his August 19, 2010 FOIA Request is TRANSFERRED to the United States District Court for the Southern District of Florida, Miami Division. Lopez's cross-motion (Docs. 98, 99) for summary judgment is DENIED. The clerk must close the case.
Source: Leagle
