Capener v. Napolitano

MEMORANDUM DECISION and ORDER ADOPTING REPORT AND RECOMMENDATIONS

DAVID NUFFER, District Judge.

This case was referred to Magistrate Judge Dustin Pead under 28 U.S.C. § 636(b)(1)(B).1 After extensive briefing on the issues raised,2 Judge Pead issued the Report & Recommendations (R & R)3 recommending that this court: (1) FIND it has subject matter jurisdiction over Plaintiffs amended complaint; (2) AFFIRM Defendants’ decision to deny Plaintiffs adjustment Application because Defendants did not violate 5 U.S.C. § 706(2)(A); and (3) DENY Plaintiffs request for injunctive relief.4

The parties were…