Hoffman et al v. Marion County, TX et al

Filing 175

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 108 Motion to Dismiss. (1) the United States Motion to Dismiss (Dkt. No. 108) is GRANTED; (2) Plaintiffs tort claims against the United States are DISMISSED WITHOUT PREJUDICE for want of subject matter jurisdiction; (3) Plaintiffs claim against the United States under 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE; and (4) Plaintiffs claims against the United States under 18 U.S.C. §§ 1905 and 2236 are DISMISSED WITH PREJUDICE. Signed by Judge Rodney Gilstrap on 11/29/12. (ehs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
BARBARA HOFFMANN, et al.
v.
MARION COUNTY, TX, et al.

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Case No. 2:12-cv-0014-JRG-RSP

ORDER
Before the Court is the Report and Recommendation filed by the Magistrate Judge on
November 16, 2012 (Dkt. No. 160) recommending that the United States’ Motion to Dismiss
(Dkt. No. 108) be granted. Having considered the Objections filed by Plaintiffs (Dkt. No. 168)
and finding them to be without sufficient merit, the Report and Recommendation is hereby
adopted. Accordingly, IT IS ORDERED THAT:
(1)
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the United States’ Motion to Dismiss (Dkt. No. 108) is GRANTED;

(2)

Plaintiffs’ tort claims against the United States are DISMISSED WITHOUT
PREJUDICE for want of subject matter jurisdiction;

(3)

Plaintiffs’ claim against the United States under 42 U.S.C. § 1983 is
DISMISSED WITH PREJUDICE; and

(4)

Plaintiffs’ claims against the United States under 18 U.S.C. §§ 1905 and 2236 are
DISMISSED WITH PREJUDICE.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 29th day of November, 2012.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE