Alexander v. Texas Frac Fluids LLC

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS - the court adopts the report of the United States Magistrate Judge, in its entirety, as the conclusions of this court. Accordingly, it is ORDERED that Defendants motion to dismiss is GRANTED. It is, however, noted that Plaintiff has already filed an amended complaint. Therefore, although the court has granted the motion to dismiss, with leave to amend, the case shall remain open and any future motions shall be directed toward the amended complaint. Signed by Judge T. John Ward on 8/30/2011. (ch, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
HENRY ALEXANDER

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vs.
TEXAS FRAC FLUIDS LLC

CASE NO. 2:10-CV-488-TJW-CE

ORDER
The above-titled and numbered civil action was referred to United States Magistrate
Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge (Dkt.
No. 27) has been presented for consideration. The report recommends that the court grant
Defendant’s motion to dismiss. The report also recommends, however, that the court grant
Plaintiff leave to amend his pleading within fourteen (14) days from the date he receives an order
adopting the report. No objections to the Magistrate Judge’s report were filed.
The court is of the opinion that the conclusions of the Magistrate Judge are correct.
Therefore, the court adopts the report of the United States Magistrate Judge, in its entirety, as the
conclusions of this court. Accordingly, it is ORDERED that Defendant’s motion to dismiss is
GRANTED.

It is, however, noted that Plaintiff has already filed an amended complaint.

Therefore, although the court has granted the motion to dismiss, with leave to amend, the case
shall remain open and any future motions shall be directed toward the amended complaint.
SIGNED this 30th day of August, 2011.

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T. JOHN WARD
UNITED STATES DISTRICT JUDGE