Smith v. Peek

Filing 21

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
MARSHALL DIVISION
JERRY SMITH
v.
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
jurisdiction.
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.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE