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Diabate v. Delta Airline

United States District Court, Eighth Circuit

January 7, 2014

AMADOU C. DIABATE, Plaintiff,
v.
DELTA AIRLINE and TSA, Defendants.

Amadou C. Diabate, pro se.

Ana H. Voss, UNITED STATES ATTORNEY'S OFFICE, for defendant TSA.

ORDER ADOPTING REPORT AND RECOMMENDATION

PATRICK J. SCHILTZ, District Judge.

This matter is before the Court on the objection of plaintiff Amadou C. Diabate to the December 3, 2013 Report and Recommendation ("R&R") of Magistrate Judge Jeffrey J. Keyes.[1] In that R&R, Judge Keyes recommends that Diabate's claims against defendant "Delta Airline" ("Delta") be dismissed pursuant to Fed.R.Civ.P. 4(m) for failure to formally serve a copy of the summons and complaint upon Delta within 120 days after the complaint was filed. Judge Keyes also recommends that Diabate's claims against defendant "TSA" (the Transportation Security Administration) relating to the damage of his property be dismissed for failure to exhaust administrative remedies, as is required by the Federal Tort Claims Act, 28 U.S.C. § 1346(b). See 28 U.S.C. § 2675. Finally, Judge Keyes recommends that Diabate's discrimination claim against TSA be dismissed because the government has not waived its sovereign immunity with respect to that claim. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court adopts the R&R.

ORDER

Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES plaintiff Amadou C. Diabate's objection [ECF No. 39] and ADOPTS the December 3, 2013 R&R [ECF No. 37]. Accordingly, IT IS HEREBY ORDERED THAT:

1. The complaint [ECF No. 1] is DISMISSED as follows:
a. The motion to dismiss of defendant TSA [ECF No. 6] is GRANTED. Diabate's claims against TSA are DISMISSED WITHOUT PREJUDICE.
b. Diabate's claims against defendant Delta Airline are DISMISSED WITHOUT PREJUDICE pursuant to Fed.R.Civ.P. 4(m).
2. Diabate's motion to amend the complaint [ECF No. 27] is DENIED.
3. Diabate's motions to stay [ECF Nos. 16, 34, & 35] are DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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