Payton v. Nantucket Landing et al

Filing 58

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 53 Report and Recommendation. 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' Motion for Summary Judgment (Dkt. #43) is GRANTED and this case is DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 9/22/2011. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

GAYL PAYTON
vs.
NANTUCKET PARTNERS, L.P., and
RICHMARK PROPERTIES, INC.

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Case No. 4:10-cv-00143
(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 August 19, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion for Summary Judgment (Dkt. #43)
should be granted.
The Court, having made a de novo review of Plaintiff’s construed objections (Dkt. #57), is
of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the
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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’ Motion for Summary Judgment (Dkt. #43) is
GRANTED and this case is DISMISSED with prejudice.
It is SO ORDERED.
SIGNED this 22nd day of September, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE