Cole et al v. Mammel et al

Filing 87

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 82 Report and Recommendations, 73 Motion for Summary Judgment filed by Hugo Esparza, Lashon Ross, Dan Thompson. It is ORDERED that 73 First AMended Motion for Judgment on the Pleadings, Motion for Summary Judgment and No-Evidence Motion for Summary Judgment is GRANTED. It further ORDERED that this case is REMANDED to the 429th Judicial District Court, Collin County, Texas. Signed by Judge Michael H. Schneider on 12/7/2010. (baf, )

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-ALM Cole et al v. Mammel et al Doc. 87 United States District Court E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION BOBBY COLE, WILLIAM LANCING HAYNES, and ALLEN WEST v. BRENDA MAMMEL, LASHON ROSS, DAN THOMPSON, and HUGO ESPARZA Case No. 4:09-CV-651 Judge Schneider/Judge Mazzant MEMORANDUM ADOPTING 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 November 12, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants Lashon Ross, Hugo Esparza, and Dan Thompson's First Amended Motion for Judgment on the Pleadings, Motion for Summary Judgment and No-Evidence Motion for Summary Judgment (Dkt. #73) should be GRANTED and the case should be REMANDED to the 429th Judicial District Court, Collin County, Texas The Court, having made a de novo review of the objections raised by Plaintiffs, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court. It is, therefore, ORDERED that Defendants Lashon Ross, Hugo Esparza, and Dan Thompson's First Amended Motion for Judgment on the Pleadings, Motion for Summary Judgment and No-Evidence Motion for Summary Judgment (Dkt. #73) is GRANTED. Plaintiffs' causes of action for denial of due process and invasion of privacy in violation of the Fourteenth Amendment are dismissed with prejudice. Page 1 of 2 Dockets.Justia.com . The Court declines to exercise supplemental jurisdiction over the remaining state law claims now that all of the federal claims against the moving Defendants have been dismissed. 28 U.S.C. 1367(c)(3). It is therefore ORDERED that the case is REMANDED to the 429th Judicial District Court, Collin County, Texas. IT IS SO ORDERED. SIGNED this 7th day of December, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE Page 2 of 2

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