Moreno v. The City of McKinney, Texas et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 13 Report and Recommendation; granting 12 Motion to Dismiss filed by The City of McKinney, Texas, The McKinney Police Department. Signed by Judge Ron Clark on 7/10/2013. (kls, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOSE DAVID MORENO,
Plaintiff,
V.
CITY OF MCKINNEY, TEXAS, ET AL.,
Defendants.

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CASE NO. 4:12cv654
Judge Clark/Judge Mazzant

ORDER 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 May 15, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that defendants City of McKinney, Texas and McKinney
Police Department’s Rule 12(b)(6) Motion to Dismiss [Doc. #12] 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
of the court.
It is, therefore, ORDERED that defendants City of McKinney, Texas and McKinney Police
Department’s Rule 12(b)(6) Motion to Dismiss [Doc. #12] is GRANTED and Plaintiff’s case is
DISMISSED. The John Doe defendants have not been served and are dismissed without prejudice.

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All relief not previously granted is hereby DENIED.
The Clerk is directed to CLOSE this civil action.

So ORDERED and SIGNED this 10 day of July, 2013.

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Ron Clark, United States District Judge

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