March 24, 2009
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 70) and Objections filed by the Plaintiff (Docket Nos. 76 and 77).
Plaintiff's arguments concerning the standard the Court must use on a motion to dismiss are incorrect, in light of the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007).
Accordingly, the Motion to Dismiss filed by the Federal Defendants (Docket No. 13) is GRANTED, and all claims against Defendants Prouty, Whipple, Geithner, Shulman, Wolff, Doll, Hadden, McPhie, Rose, Spain, Natolitano, Esposito, Bergeron, and Holder are DISMISSED.
Plaintiff's Motion for Partial Summary Judgment (Docket No. 30) is DENIED.
IT IS SO ORDERED.