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Dean P. Olvany v. Douglas H. Shulman

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 31, 2011

DEAN P. OLVANY,
PLAINTIFF
v.
DOUGLAS H. SHULMAN, COMMISSIONER INTERNAL REVENUE SERVICE,
ANGELA ARGEUTA, AND UNKNOWN PARTIES, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER AND NOW, this 31st day of May, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 16), recommending that the caption be amended and the United States' motion to dismiss the amended complaint (Doc. 11) be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on May 24, 2011 (Doc. 17), and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that:

1. The Report and Recommendation of the magistrate judge (Doc. 16) are ADOPTED.

2. The caption is AMENDED to read Dean P. Olvany v. United States of America.

3. The United States of America's motion to dismiss the amended complaint (Doc. 11) is GRANTED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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