Pate et al v. State Of Texas et al

Filing 22

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 9 Motion to Dismiss filed by Rick Perry, State Of Texas, 20 Report and Recommendation. Plaintiffs' federal due process claims are dismissed with prejudice. With the dismissal of all of the federal claims, the Court declines to address Plaintiffs' state claims, and this case is DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 11/17/2011. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

FRANK and LEILA PATE
v.
STATE OF TEXAS, ET AL.

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Case No. 4:11cv502
(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 October 27, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations as to Defendants the State of Texas and Governor Rick Perry’s
Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(5), and in the
alternative, Defendants’ Motion to Quash Service (Dkt. #9). Having considered the relevant
pleadings, the Magistrate Judge found that the motion to dismiss for lack of jurisdiction should be
granted.
The Court, having made a de novo review of Plaintiffs’ 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
findings and conclusions of this Court.
It is, therefore, ORDERED that Defendants the State of Texas and Governor Rick Perry’s
Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(5), and in the
alternative, Defendants’ Motion to Quash Service (Dkt. #9) is GRANTED and the State of Texas

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and Governor Rick Perry are DISMISSED. Plaintiffs’ federal due process claims are dismissed with
prejudice. With the dismissal of all of the federal claims, the Court declines to address Plaintiffs’
state claims, and this case is DISMISSED with prejudice.
It is SO ORDERED.
SIGNED this 17th day of November, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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