Smith v. Peek
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. Signed by Judge Rodney Gilstrap on 7/30/12. (bas)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
HORACE E. PEEK, et al.
Case No. 2:11-cv-0521-JRG-RSP
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the Court considered the Report and Recommendation of United States
Magistrate Judge Roy S. Payne (Dkt No. 17) regarding the Motion to Dismiss for Lack of
Subject Matter Jurisdiction and Failure to State a Claim (Dkt. No. 15) filed by defendants on
May 15, 2012. The plaintiff filed a late response to the Motion to Dismiss on July 9, 2012 (Dkt.
No. 19), which will be deemed an objection to the Report and Recommendation. The Court has
reviewed that objection and the entire record and is of the opinion that the Report and
Recommendation should be and is hereby adopted with respect to the lack of subject matter
It is accordingly ORDERED that the Motion to Dismiss (Dkt. No. 15) will be
GRANTED and a judgment will be entered that all claims by plaintiff against defendants will be
DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 30th day of July, 2012.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?