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
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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 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
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