Garrett v. Texas Department of Aging and Disability Services

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Motion to Dismiss, filed by Texas Department of Aging and Disability Services, 14 Report and Recommendations. Motion to Dismiss (Dkt. 5) is DENIED. Signed by Judge Richard A. Schell on 9/27/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CECELIA J. GARRETT
Plaintiff,
VS.
TEXAS DEPARTMENT OF AGING
AND DISABILITY SERVICES
Defendant.

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Case No. 4:12CV776

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATIONS 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 June 18, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Texas Department of Aging and Disability
Services’ Federal Rule of Civil Procedure 12(b)(1) Motion to Dismiss (Dkt. 5) be DENIED.
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. Therefore, Defendant Texas Department of Aging and Disability Services’ Federal Rule
of Civil Procedure 12(b)(1) Motion to Dismiss (Dkt. 5) is DENIED.
IT IS SO ORDERED.

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SIGNED this the 27th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE