Cushman v. Denton City of

Filing 18

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE denying 11 Motion for Default Judgment filed by Steven D Cushman; granting 14 Motion to Dismiss filed by City of Denton. Signed by Judge Michael H. Schneider on 2/24/2012. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

STEVEN D. CUSHMAN in the interest
of BLAINE RYAN CUSHMAN
v.
CITY OF DENTON, ET AL.

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Case No. 4:11cv746
(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 January 30, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion for Default Judgment (Dkt. #11) should
be denied and Defendants’ Motion to Dismiss Pursuant to Federal Rule 12(b)(6) (Dkt. #14) should
be granted.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, 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
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of the Court.
It is, therefore, ORDERED that Plaintiff’s Motion for Default Judgment (Dkt. #11) is
DENIED and Defendants’ Motion to Dismiss Pursuant to Federal Rule 12(b)(6) (Dkt. #14) is
GRANTED. Plaintiff’s case is DISMISSED without prejudice
It is SO ORDERED.

SIGNED this 24th day of February, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE