Margetis et al v. Furgeson et al

Filing 51

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 16 Motion to Dismiss for Lack of Subject Matter Jurisdiction and for failture to State a Claim filed by John Barron, William Royal Furgeson, Jr, Stacey G.C. Jernigan. Therefore, Defendants the Hon. William Royal Furgeson, Jr., the Hon. Stacey G. C. Jernigan,and Deputy U.S. Marshal John Barron's Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim (Dkt. 16) is GRANTED, all named Defendants and doe Defendants are dismissed with prejudice, and all costs shall be charged to Plaintiffs. Signed by Judge Richard A. Schell on 1/10/2014. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOHN MARGETIS, et al.

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Plaintiffs,
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VS.
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HON. WILLIAM ROYAL FERGUSON, et al. §
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Defendants.
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CASE NO. 4:12-cv-753

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 September 13, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants the Hon. William Royal Furgeson, Jr., the
Hon. Stacey G. C. Jernigan, and Deputy U.S. Marshal John Barron’s Motion to Dismiss for Lack of
Subject Matter Jurisdiction and for Failure to State a Claim (Dkt. 16) be GRANTED, that all named
Defendants and doe Defendants be dismissed with prejudice, and that all costs be charged to
Plaintiffs.
The court has made a de novo review of the objections raised by Plaintiffs and Defendants’
response (see Dkts. 30 & 33) and is of the opinion that the findings and conclusions of the Magistrate
Judge are correct and the objections are without merit as to the ultimate findings of the Magistrate
Judge. The court hereby adopts the findings and conclusions of the Magistrate Judge as the findings
and conclusions of this court.
Therefore, Defendants the Hon. William Royal Furgeson, Jr., the Hon. Stacey G. C. Jernigan,
and Deputy U.S. Marshal John Barron’s Motion to Dismiss for Lack of Subject Matter Jurisdiction

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and for Failure to State a Claim (Dkt. 16) is GRANTED, all named Defendants and doe Defendants
are dismissed with prejudice, and all costs shall be charged to Plaintiffs.
The court will address Defendants’ Motion for Sanctions (Dkt. 34) in a separate order.
IT IS SO ORDERED.

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SIGNED this the 10th day of January, 2014.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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