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Clark v. United States

September 29, 2008

SCOTTER CLARK, PLAINTIFF,
v.
THE UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Stiehl, District Judge

ORDER

This matter is before the Court sua sponte for docket control. The Court, today, adopted the Report and Recommendation of the magistrate judge as to Count II of the Third Amended Complaint and granted defendants' motion for summary judgment. The Court erroneously stated in that order that Count I remained pending, however, the Court notes that it previously dismissed Count I of the plaintiff's complaint as to all defendants pursuant to Harper v. Virginia Dep't of Taxation, 509 U.S. 86 (1993) (Order at Doc. 80). Plaintiff has filed a motion for reconsideration of the Court's Order of dismissal (Doc. 92). Upon review of the record, the Court remains persuaded that plaintiff's claims in Count I are subject to dismissal, and that the United States is not subject to suit on plaintiff's claims in Count I. Accordingly, the motion to reconsider (Doc. #92) is DENIED.

In light of the above rulings, the Court DENIES as moot, plaintiff's motion to compel (Doc. 95) and motion to supplement (Doc. 109).

Therefore, there are no remaining claims, defendants, or counts in this matter, and the Court DIRECTS the Clerk of the Court to enter judgment in this case accordingly.

IT IS SO ORDERED.

WILLIAM D. STIEHL District Judge

20080929

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