Morgan et al v. Plano Independent School District et al

Filing 354

MEMORANDUM ORDER ADOPTING IN PART REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 331 Motion to Dismiss filed by Lynn Swanson. The claims against Defendant Swanson are DISMISSED WITH PREJUDICE, and Defendant shall recover her costs from Plaintiffs. Signed by Judge Richard A. Schell on 2/13/2013. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JONATHAN MORGAN, et al.,
Plaintiffs,
v.
THE PLANO INDEPENDENT
SCHOOL DISTRICT, et al.,
Defendants.

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Case No. 4:04cv447

MEMORANDUM ADOPTING IN PART REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On September 25, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Swanson’s Motion to Dismiss Plaintiffs’
“Other Claims” Based on Qualified Immunity (Dkt. 331) be GRANTED.
The court has made a de novo review of the objections raised by Plaintiffs (see Dkt. 350) and
Defendant Swanson’s response (see Dkt. 352) and is of the opinion that the findings and conclusions
of the Magistrate Judge are correct and the objections are without merit as to the ultimate findings
of the Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this court. Therefore, Defendant Swanson’s Motion to
Dismiss Plaintiffs’ “Other Claims” Based on Qualified Immunity (Dkt. 331) is GRANTED.
The claims against Defendant Swanson are DISMISSED with prejudice, and Defendant shall
recover her costs from Plaintiffs.
IT IS SO ORDERED.

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SIGNED this the 13th day of February, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE