Whatley, III v. AHF Financial Services, LLC et al

Filing 128

ORDER PARTIALLY ADOPTING REPORT AND RECOMMENDATIONS for 85 Report and Recommendations, 49 Motion for Summary Judgment filed by X-Ray Associates of New Mexico, P.C.. Defendant X-Ray Associates of New Mexico, PCsMotion for Summary Judgment [Doc. #49] is GRANTED. Defendant X-Ray Associates of New Mexico, PC is dismissed from this litigation, since the court has dismissed all claims against this Defendant. Signed by Judge Ron Clark on 2/17/13. (cm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION THOMAS E. WHATLEY, III, Plaintiff, V. AHF FINANCIAL SERVICES, LLC, ALPHINE H. FREEMAN III, and X-RAY ASSOCIATES OF NEW MEXICO, P.C., Defendants. § § § § § § § § § § § § CASE NO. 4:11-CV-488 Judge Clark/Judge Mazzant ORDER PARTIALLY 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 17, 2012, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant X-Ray Associates of New Mexico, PC’s Motion for Summary Judgment [Doc. #49] be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed to this portion of the report and recommendation, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the court. It is, therefore, ORDERED that that Defendant X-Ray Associates of New Mexico, PC’s Motion for Summary Judgment [Doc. #49] is GRANTED. Defendant X-Ray Associates of New 1 Mexico, PC is dismissed from this litigation, since the court has dismissed all claims against this Defendant.   So ORDERED and SIGNED on February _____, 2013. 17 __________________________________________ Ron Clark United States District Judge 2

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