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John F. Curran, Iii v. Carbon Spyder

May 17, 2012

JOHN F. CURRAN, III
PLAINTIFF
v.
CARBON SPYDER, JOHN L. MITCHELL, AND RONALD WELSH DEFENDANTS



The opinion of the court was delivered by: (Chief Judge Kane)

(Magistrate Judge Smyser)

ORDER

Before the court in the captioned action is an April 25, 2012 report of the magistrate judge. No timely objections have been filed.

Accordingly, this 17th day of May, 2012, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

1) The Court adopts the Report and Recommendation of Magistrate Judge Smyser.

2) The claims in the amended complaint against Defendant Welsh are dismissed for lack of subject-matter jurisdiction.

3) Defendant Welsh is terminated from this action.

4) Defendant Welshs' motions to dismiss (Doc. Nos. 49, 51) are denied as moot.

5) The case is remanded to Magistrate Judge J. Andrew Smyser for further proceedings.

YVETTE KANE, Chief Judge United States District Court

20120517

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