Opinion
Civil Action 22-00076-BAJ-SDJ
03-29-2023
CLAUDE PORTER v. TRISTAN L. LEAVITT, ET AL.
RULING AND ORDER
BRIAN A. JACKSON JUDGE
Before the Court are two Report and Recommendations (“R&Rs”) issued by the Magistrate Judge. (Docs. 29-30). On March 9, 2023, the Magistrate Judge issued an R&R recommending that Defendant the National Labor Relations Board's (“NLRB”) Motion to Dismiss be granted, pursuant to Fed.R.Civ.P. 12(b)(1). (Doc. 29). On March 14, 2023, the Magistrate Judge issued an R&R recommending that the Court grant Defendants Tristan Leavitt, Robert E. Kirschman, Jr., and Louis DeJoy's (“the Federal Defendants”) Motion to Dismiss-which was filed by the United States on Defendants' behalf. (Doc. 30). No party filed a timely opposition to either R&R.
After having carefully considered Plaintiffs Complaint, (Doc. 1), Defendants' Motions to Dismiss, (Docs. 13-14), Plaintiffs Opposition, (Doc. 18), and all related filings, the Court APPROVES the Magistrate Judge's R&Rs and ADOPTS them as the Court's opinions in this matter.
Accordingly, IT IS ORDERED that Defendant the NLRB's Motion to Dismiss Complaint Against The National Labor Relations Board For Lack of Jurisdiction, Failure To State A Claim, And Insufficient Service Of Process (Doc. 13) and The United States of America's Motion To Dismiss Pursuant To Rules 12(b)(1) And (b)(6) Of The Federal Rules Of Civil Procedure (Doc. 14) be and are hereby GRANTED.
IT IS FURTHER ORDERED that Plaintiffs cause of action against the NLRB be and is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that Plaintiffs cause of action against the Federal Defendants be and is hereby DISMISSED WITHOUT PREJUDICE, without opportunity to amend.
Judgement shall be entered separately.