Cooper, et al v. City of Plano et al

Filing 166

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 156 Report and Recommendation, 102 Motion to Dismiss filed by Earnest Oldham, Joseph Claggett, Richard Perez. It is, therefore, ORDERED Defendants Richard Perez, John Claggett, and Earnest Oldham's Fed. R. Civ. P. 12(b)(6) Motion to Dismiss (Dkt. #102, #104) is GRANTED and Richard Perez, John Claggett, and Earnest Oldham are dismissed with prejudice. Signed by Judge Michael H. Schneider on 9/13/2011. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

JAY S. COOPER

V.
CITY OF PLANO, ET AL.

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CASE NO. 4:10-CV-689
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 Richard Perez, John Claggett, and Earnest
Oldham’s Fed. R. Civ. P. 12(b)(6) Motion to Dismiss (Dkt. #102, #104) should be granted.
The Court, having made a de novo review of Plaintiff’s objections, 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
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findings and conclusions of this Court.
It is, therefore, ORDERED Defendants Richard Perez, John Claggett, and Earnest Oldham’s
Fed. R. Civ. P. 12(b)(6) Motion to Dismiss (Dkt. #102, #104) is GRANTED and Richard Perez,
John Claggett, and Earnest Oldham are dismissed with prejudice.
It is SO ORDERED.
SIGNED this 13th day of September, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE