RULING ON MOTIONS
JOHN V. PARKER, Chief Judge.
Having been referred to United States Magistrate Noland for the purpose of inquiring into subject matter jurisdiction, this matter is before the court for review of the magistrate's report and recommendation. Plaintiff has filed an opposition to the report. Additionally pending is a motion by defendant James Fendley to dismiss for lack of in personam jurisdiction. The latter motion is unopposed.
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