Walker et al v. Beaumont Independent School District et al

Filing 231

ORDER ADOPTING 223 REPORT AND RECOMMENDATION in its entirety. The court orders that the 201 Motion to Dismiss filed by Cory Crenshaw, 104 Motion to Dismiss/Lack of Jurisdiction filed by Malcolm Bales and the 96 Motion to Dismiss filed b y Cory Crenshaw are granted for reasons set out in Judge Giblin's Report and Recommendation. Accordingly, all of Plaintiff's claims against Crenshaw and Bales are dismissed in their entirety, with prejudice. Signed by Judge Marcia A. Crone on 5/12/16. (mrp, )

UNITED STATES DISTRICT COURT

CALVIN GARY WALKER,
WALKER’S ELECTRIC, WALKERS
ELECTRIC, and JESSIE HAYNES,
Plaintiffs,
versus
BEAUMONT INDEPENDENT
SCHOOL DISTRICT, AARON
COVINGTON, LEROY SALEME, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:15-CV-379

ORDER ON REPORT AND RECOMMENDATION
Pending before the court is Magistrate Judge Keith Giblin’s Report and Recommendation
(#223) on Defendants Cory Crenshaw’s (“Crenshaw”) Rule 12(b)(6) Motion to Dismiss Plaintiffs’
Third Amended Petition (#96), Malcolm Bales’s (“Bales”) Motion to Dismiss Plaintiffs’ Third
Amended Complaint (#104), and Crenshaw’s Rule 12(b)(6) Motion to Dismiss Plaintiff’s First
Amended Petition (#201). The court referred this matter to United States Magistrate Judge Keith
F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions
(#55). On April 21, 2016, Judge Giblin issued the instant report and recommendation, in which
he recommended that the court grant Crenshaw’s and Bales’s motions on the grounds that both
defendants were entitled to prosecutorial immunity and Bales was entitled to official immunity
under 28 U.S.C. § 2679. No objections have been filed, and the time for parties to do so has
expired. 28 U.S.C. § 636(b)(1). The court has reviewed the magistrate judge’s findings, the
record, the pleadings, and the applicable law in this proceeding. After review, the court finds that
Judge Giblin’s findings should be accepted.

Therefore, the court ORDERS that Judge Giblin’s Report and Recommendation (#223) is
ADOPTED in its entirety. The court further ORDERS that Crenshaw’s Motion to Dismiss
Plaintiffs’ Third Amended Petition (#96), Bales’s Motion to Dismiss Plaintiffs’ Third Amended
Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim (#104), and
Crenshaw’s Rule 12(b)(6) Motion to Dismiss Plaintiff’s First Amended Petition (#201) are
GRANTED for the reasons set out in Judge Giblin’s Report and Recommendation. Accordingly,
all of Plaintiffs’ claims against Crenshaw and Bales are DISMISSED in their entirety, with
prejudice.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 12th day of May, 2016.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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