Vizueth v. Vermont Service Center (VSC) ( 2019 )

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