O'Shea v. Parkey et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 Motion to Dismiss filed by John Doe, Shannon Sprabary, John Kissinger, Jane Doe, Shannon McKeown, Doug Sanders, 49 Report and Recommendations, Order. Defendants Motion to Dismiss (docket e ntry #37) is hereby GRANTED to the extent that Plaintiffs original 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.

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Civil Action No. 4:12cv265

ORDER ADOPTING REPORT AND RECOMMENDATION
ON DEFENDANTS JOHN DOE, SANDERS, McKEOWN, KISSINGER, SPRABERRY
AND JANE DOE 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 Defendants John Doe, Sanders,
McKeown, Kissinger, Spraberry and Jane Doe’s Motion to Dismiss pursuant to Fed. R. Civ. P.
12(b)(6) (docket entry #37), 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 Defendants’ Motion to Dismiss (docket entry #37) 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.

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SIGNED this the 27th day of March, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE