Gray v. Kruger et al
Filing
43
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - DENYING 23 Motion to Dismiss filed by Greg Leveling, Leland Kruger. Signed by Judge Michael H. Schneider on 6/1/2011. (baf, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION
ERIKA R. GRAY
V.
LELAND KRUEGER, ET AL.
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CASE NO. 4:10-CV-417
(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 April 29, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants Leland Krueger and Greg Leveling’s Second
Amended Motion to Dismiss for Failure to State a Claim in Response to Plaintiff’s Second Amended
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. #23) should be denied.
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
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Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the Court.
It is, therefore, ORDERED that Defendants Leland Krueger and Greg Leveling’s Second
Amended Motion to Dismiss for Failure to State a Claim in Response to Plaintiff’s Second Amended
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. #23) is DENIED at this time.
IT IS SO ORDERED.
SIGNED this 1st day of June, 2011.
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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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