O'Shea v. Parkey et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 50 Report and recommendations, Order, 36 Motion to Dismiss filed by Benny Parkey. Defendant Benny Parkeys Motion to Dismiss (docket entry #36) is hereby GRANTED to the extent that Plaintiffs orig inal complaint is DISMISSED. However, it is further ORDERED that Plaintiffs constructive Motion for Leave to Amend contained in the consolidated response is hereby GRANTED. Plaintiff shall file an amended complaint in the above-captioned matter within fourteen days of the date of this Order. Signed by Judge Richard A. Schell on 3/27/14. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MICHAEL ALLEN O’SHEA, #1722057,
Plaintiff,
v.
BENNY PARKEY, ET AL.,
Defendants.

'
'
'
'
'
'
'
'
'

Civil Action No. 4:12cv265

ORDER ADOPTING REPORT AND RECOMMENDATION
ON DEFENDANT PARKEY’S MOTION TO DISMISS

The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. The Report of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of Defendant Parkey’s Motion to Dismiss
pursuant to Fed. R. Civ. P. 12(b)(6) (docket entry #36), has been presented for consideration, and
no objections thereto having been timely filed, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions
of the Court. It is therefore
ORDERED that Defendant Benny Parkey’s Motion to Dismiss (docket entry #36) is
hereby GRANTED to the extent that Plaintiff’s original complaint is DISMISSED. However, it
is further
ORDERED that Plaintiff’s constructive Motion for Leave to Amend contained in the
consolidated response is hereby GRANTED. Plaintiff shall file an amended complaint in the
above-captioned matter within fourteen days of the date of this Order.

.

SIGNED this the 27th day of March, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE