Vizueth v. Vermont Service Center (VSC)

United States District Court for the Southern District of Florida

Vizueth v. Vermont Service Center (VSC)

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 19-cv-23065-BLOOM/Louis

JOSE SOCCORO VIZUETH,

Plaintiff,

v.

U.S. CITIZENSHIP AND IMMIGRATION SERVICES, et al.,

Defendant. ________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss, ECF No. [10] (“Motion”), filed on September 19, 2019. The Motion was previously referred to the Honorable Lauren F. Louis for a Report and Recommendations (“R&R”). See ECF No. [11]. On December 6, 2019, Judge Louis issued a R&R recommending that the Motion be granted and that this case be dismissed for lack of subject matter jurisdiction and failure to state a claim. ECF No. [17]. The R&R also stated that the parties could file any objections within fourteen days of the date of the R&R. To date, neither party has filed any objections, nor have they sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of Judge Louis’s R&R and the record, and is otherwise fully advised in the premises. Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in Judge Louis’s R&R and concludes that this case should be dismissed for the reasons set forth therein. Case No. 19-cv-23065-BLOOM/Louis

For the foregoing reasons, itis ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [17], is ADOPTED; 2. The Motion, ECF No. [10], is GRANTED; 3. This case is DISMISSED WITHOUT PREJUDICE; 4. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on December 23, 2019.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record

Reference

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