Sears
v.
Acting Genl. Serv. Adm. Adm. Paul F. Prouty

United States District Court, M.D. Tennessee, Nashville DivisionMar 24, 2009
NO. 3:08-0338. (M.D. Tenn. Mar. 24, 2009)

NO. 3:08-0338.

March 24, 2009


ORDER


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).

The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved.

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.