Hamilton v. UPS, et al
Filing
19
MEMORANUMD ORDER OF DISMISSAL. The Court ORDERS that the 18 Report and Recommendations is ADOPTED. The Court further ORDERS that the dfts' motions to dismiss [doc #6 and doc #7] are GRANTED. The pla's claims are DISMISSED in their entirety w/prejudice for failure to state a claim and improper venue. All pending motions not addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and parties. Signed by Judge Ron Clark on 3/7/12. (pkb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LOUIS CHARLES HAMILTON, II,
Plaintiff,
v.
UNITED PARCEL SERVICE, INC.,
a/k/a UPS, and
CVS/CAREMARK CORP.,
Defendants.
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CIVIL ACTION NO. 1:11-CV-240
MEMORANDUM ORDER OF DISMISSAL
Pending before the Court are the defendant UPS’s motion to dismiss for failure to state a
claim [doc. #6] and motion to dismiss for improper venue [doc. #7]. The Court referred this matter
to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition
of case-dispositive pretrial motions. The Court has received and considered the report of the United
States Magistrate Judge, along with the record and pleadings.
The magistrate judge recommended that the Court grant the motions to dismiss. Judge Giblin
also recommended that the Court dismiss the plaintiff’s claims for improper venue and failure to
state a claim pursuant to Federal Rule of Civil Procedure 12(b)(3) and 12(b)(6). No party has
objected to the report and recommendation. After review, the Court finds that Judge Giblin’s
findings and recommendations should be accepted.
Based upon the magistrate judge’s findings of fact and recommended disposition, the Court
ORDERS that the report and recommendation [doc. #18] is ADOPTED. The Court further
ORDERS that the defendants’ motions to dismiss [doc. #6 and doc. #7] are GRANTED. The
plaintiff’s claims are DISMISSED in their entirety, with prejudice, for failure to state a claim and
improper venue. The Clerk is directed to CLOSE this civil action. All pending motions not
addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and
parties.
So ORDERED and SIGNED this 7 day of March, 2012.
___________________________________
Ron Clark, United States District Judge
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