Dingler et al v. Cooke County Child Protective Services et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND ORDER DISMISSING CASE FOR WANT OF JURISDICTION. Signed by Judge Richard A. Schell on 3/28/2013. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
BARBARA JOHAN DINGLER, ET AL.

v.
CHILD PROTECTIVE SERVICES, ET AL.

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CASE NO. 4:12CV471

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND
ORDER DISMISSING CASE FOR WANT OF JURISDICTION
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 26, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and a recommendation that the above titled and numbered cause of action be
DISMISSED WITHOUT PREJUDICE for want of jurisdiction.
The court has made a de novo review of the record and the amended pleading filed by
Plaintiff (see Dkt. 10) and finds that the pleading does not cure the jurisdictional defects identified
by the Magistrate Judge. The court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and not altered by Plaintiff’s amendment. The court hereby adopts the
findings and conclusions of the Magistrate Judge as the findings and conclusions of this court.
Therefore, the above titled and numbered cause of action is DISMISSED WITHOUT
PREJUDICE for want of jurisdiction.
The matter shall be closed on the court’s docket.
IT IS SO ORDERED.
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SIGNED this the 28th day of March, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE