Barfield v. Plano Housing Authority et al

Filing 76

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 67 Report and Recommendations, 9 Motion to Dismiss filed by Helen Macey, Plano Housing Authority, Wendy Abel, Brenda McDonald. Plano Housing Authority, Helen Macey, Brenda McDonald & Wendy Abels Motion for Partial Dismissal of Plaintiffs Claims (Dkt. 9) is DENIED. Signed by Judge Richard A. Schell on 3/29/12. (cm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JOSEPH BARFIELD Plaintiff, § § § § § § § § § § § § § V. PLANO HOUSING AUTHORITY; HELEN MACEY, in her official capacity as Executive Director; BRENDA McDONALD in her official capacity as Director of Resident & Real Estate Services; and WENDY ABEL, in her official capacity as Compliance/Hearing Officer, Defendants. CASE NO. 4-11-cv-00206 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 March 2, 2012, the amended report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plano Housing Authority, Helen Macey, Brenda McDonald & Wendy Abel’s Motion for Partial Dismissal of Plaintiff’s Claims (Dkt. 9) be DENIED. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed to the amended report,1 this court is of the opinion that the findings and 1 The court notes that Defendants filed objections to a February 2, 2012 report which was subsequently withdrawn by the Magistrate Judge. See Dkt. 59. No objections were filed to the amended report. 1 conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the court. Therefore, Plano Housing Authority, Helen Macey, Brenda McDonald & Wendy Abel’s Motion for Partial Dismissal of Plaintiff’s Claims (Dkt. 9) is DENIED. IT IS SO ORDERED. . SIGNED this the 29th day of March, 2012. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE 2

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