Larry v. Texas Department of Aging and Disability Services

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 58 Report and Recommendations, GRANTING 35 Motion for Summary Judgment,, filed by Texas Department of Aging and Disability Services, DENYING 34 Motion for Partial Summary Judgment, filed by Charley Larry. Signed by Judge Richard A. Schell on 3/27/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CHARLEY LARRY
Plaintiff,
VS.
TEXAS DEPARTMENT OF AGING
AND DISABILITY SERVICES
Defendant.

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Case No. 4:11CV374

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 December 19, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion and Brief for Partial Summary
Judgment (Dkt. 34) be DENIED, that Defendant’s Motion for Summary Judgment (Dkt. 35) be
GRANTED, and that summary judgment be granted for Defendant as to all claims here.
The court has made a de novo review of the objections raised by Plaintiff (see Dkt. 60) and
Defendant’s response (see Dkt. 61) and is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and the objections are without merit as to the ultimate findings of the
Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate Judge as
the findings and conclusions of this court.
Therefore, Plaintiff’s Motion and Brief for Partial Summary Judgment (Dkt. 34) is DENIED,
Defendant’s Motion for Summary Judgment (Dkt. 35) is GRANTED, and summary judgment is
granted for Defendant as to all claims.
IT IS SO ORDERED.

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SIGNED this the 27th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE