Martinez v Foster, et al

Filing 115

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 99 MOTION to Dismiss Third Amended Complaint filed by Donnie Foster, 100 MOTION to Dismiss Third Amended Complaint filed by Communi ty Education Centers Inc, 98 MOTION to Dismiss filed by JAGDISH A. SHAH, 110 Report and Recommendation. ORDERED that Defendants' motions to dismiss (dkt #98, 99, 100) are GRANTED. It is also ORDERED that Plaintiff's complaint is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/31/2016. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MARIA GUADALUPE MARTINEZ,
individually and as legal representative of
the estate of DELFINO GARCIA, and next
friend of GEMMA GARCIA, a minor,
GRETCHELL GARCIA, a minor,
DELFINO GARCIA, JR., a minor, and
DELLA MACEDO, next friend of
EMELY PARTICIA GARCIA, a minor
VS.
DONNIE FOSTER, COMMUNITY
EDUCATION CENTERS, INC., d/b/a
CEC INTERNATIONAL INC., JAGDISH
A. SHAH, and JOHN DOES #1 - #35

§
§
§
§
§
§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 4:13cv59

ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Don D. Bush, who issued a Report and
Recommendation concluding that Plaintiff’s case should be dismissed without prejudice1. The Report
and Recommendation of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Plaintiffs filed
objections. Having made a de novo review of the objections raised by Petitioner to the Report, the
court concludes that the findings and conclusions of the Magistrate Judge are correct and adopts the
same as the findings and conclusions of the court. It is accordingly
ORDERED that Defendants’ motions to dismiss (dkt #98, 99, 100) are GRANTED. It is also
ORDERED that Plaintiff’s complaint is DISMISSED without prejudice. All motions by either
party not previously ruled on are hereby DENIED.

.

SIGNED this the 31st day of March, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
1

The court declines to makes any determination concerning Mr. Garcia’s children filing actions on their own behalf
once they reach the age of majority.