ORDER ADOPTING REPORT AND RECOMMENDATION
DONOVAN W. FRANK, District Judge.
This matter is before the Court upon Plaintiff Theo Smith's ("Plaintiff") objections (Doc. No. 75) to Magistrate Judge Jeffrey J. Keyes's June 18, 2012 Report and Recommendation (Doc. No. 74) insofar as it recommends that: (1) Defendants' Motion to Dismiss be granted in part as follows: (a) the motion be granted to the extent it seeks dismissal for lack of subject matter jurisdiction...
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