Johnson v. Tune et al

Filing 102

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 100 Report and Recommendation. Signed by Judge Richard A. Schell on 7/29/2011. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JOHN CARL JOHNSON
Plaintiff,
VS.
TERESA TUNE, DEREK PULS and
HAVERTY’S FURNITURE COMPANY
Defendants.

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Case No. 4:10cv124

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 April 29, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants Haverty’s and Teresa Tune and Derek Puls’
Motion to Dismiss Plaintiff’s Third Amended Complaint under Rule 12(b)(6) (Dkt. 47) should be
GRANTED and that Plaintiff’s claims herein should be dismissed for failure to state a claim.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendants Haverty’s and Teresa Tune and Derek Puls’ Motion to Dismiss

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Plaintiff’s Third Amended Complaint under Rule 12(b)(6) (Dkt. 47) is GRANTED and Plaintiff’s
claims herein are dismissed for failure to state a claim.
IT IS SO ORDERED.
.

SIGNED this the 29th day of July, 2011.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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