Filed: Sep. 30, 2016
Latest Update: Sep. 30, 2016
Summary: ORDER ADOPTING AS MODIFIED REPORT AND RECOMMENDATION WILHELMINA M. WRIGHT , District Judge . This matter is before the Court on the September 8, 2016 Report and Recommendation ("R&R") of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed in the time period permitted. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The R&R, (Dkt. 10), is ADOPTED AS MODIFIED as outlined herein; 2. This action is
Summary: ORDER ADOPTING AS MODIFIED REPORT AND RECOMMENDATION WILHELMINA M. WRIGHT , District Judge . This matter is before the Court on the September 8, 2016 Report and Recommendation ("R&R") of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed in the time period permitted. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The R&R, (Dkt. 10), is ADOPTED AS MODIFIED as outlined herein; 2. This action is ..
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ORDER ADOPTING AS MODIFIED REPORT AND RECOMMENDATION
WILHELMINA M. WRIGHT, District Judge.
This matter is before the Court on the September 8, 2016 Report and Recommendation ("R&R") of United States Magistrate Judge Tony N. Leung. (Dkt. 10.) No objections to the R&R have been filed in the time period permitted. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The R&R, (Dkt. 10), is ADOPTED AS MODIFIED as outlined herein;
2. This action is DISMISSED WITHOUT PREJUDICE for lack of subjectmatter jurisdiction pursuant to Rule 12(h)(3), Fed. R. Civ. P.;
3. Plaintiff's application to proceed in forma pauperis, (Dkt. 2), is DENIED AS MOOT;
4. Plaintiff's motion to take notice, (Dkt. 3), is DENIED AS MOOT; and
5. Defendant's motion to dismiss, (Dkt. 6), is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
