Gray v. Kruger et al

Filing 53

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 46 Report and Recommendations, GRANTING IN PART AND DENYING IN PART 28 Motion to Dismiss filed by Jim Davis. Claims against DAvis for false arrest and use of excessive force are DISMISSED. All other claims against DAvis shall remain. Signed by Judge Michael H. Schneider on 7/12/2011. (baf, )

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United States District Court EASTERN DISTRICT OF TEXAS SHERM AN DIVISION ERIKA R. GRAY v. LELAND KRUEGER, GREG LEVELING, and JAMES DAVIS a/k/a JIM DAVIS § § § § § § 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 June 14, 2011, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant Jim Davis’ Motion to Dismiss for Failure to State a Claim in Response to Plaintiff’s Second Amended Complaint (Dkt. #28) should be granted in part and denied in part. The Court, having made a de novo review of the objections raised by Defendant James Davis, 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 Defendant Jim Davis’ Motion to Dismiss for Failure to State a Claim in Response to Plaintiff’s Second Amended Complaint (Dkt. #28) is GRANTED in part and Page 1 of 2 DENIED in part. Claims against Davis for false arrest and use of excessive force are dismissed. All other claims against Davis shall remain. It is SO ORDERED. SIGNED this 12th day of July, 2011. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE Page 2 of 2

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