Opinion
Civil Action 3:22-cv-37
08-09-2022
JOHNNETTA PUNCH, Plaintiff. v. ADMINISTRATOR BILL NELSON, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
JEFFREY VINCENT BROWN, DISTRICT JUDGE
On June 6, 2022, all dispositive and non-dispositive pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(A) and (B). See Dkt. 9. Judge Edison filed a memorandum and recommendation on July 15, 2022, recommending that the court grant Defendant Administrator Bill Nelson's motion to dismiss (Dkt. 7) for lack of subject matter jurisdiction. See Dkt. 12.
On July 29, 2022, Plaintiff Johnnetta Punch timely filed her objections to the memorandum and recommendation. See Dkt. 13. In accordance with 28 U.S.C. § 636(b)(1)(C), this court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” 28 U.S.C. § 636(b)(1)(C). After conducting this de novo review, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).
The court has carefully considered the objections, the memorandum and recommendation, the pleadings, and the record. The court accepts Judge Edison's memorandum and recommendation and adopts it as the opinion of the court. It is therefore ordered that:
(1) Judge Edison's memorandum and recommendation (Dkt. 12) is approved and adopted in its entirety as the holding of the court; and
(2) Administrator Nelson's motion to dismiss (Dkt. 7) is granted. SIGNED on Galveston Island this 9th day of August 2022.