Soniat v. Department of Housing and Urban Development et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 38 Motion to Dismiss/Lack of Jurisdiction. Signed by Judge Amos L. Mazzant, III on 1/6/2016. (pad, )
United States District Court
EASTERN DISTRICT OF TEXAS DIVISION
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, ET AL.,
CIVIL ACTION NO. 4:16CV337
JUDGE MAZZANT/JUDGE JOHNSON
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on 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 December 16, 2016, the report of the Magistrate Judge (Dkt. #66) was entered
containing proposed findings of fact and recommendations that Defendants Department of
Housing and Urban Development, Patrick Banis, Garry Sweeney, and Gordon F. Patterson’s
Motion to Dismiss (Dkt. #38) should be GRANTED and this case should be DISMISSED as to
Pro se Plaintiff Shelly Soniat timely filed Objections on December 28, 2016 (Dkt. #72).
She further filed supplemental arguments in support of her objections (Dkt. #79). Plaintiff asserts
arguments similar to those made in her Amended Complaint (Dkt. #21) and “Response to Docket
38 Defendants U.S. Department of Housing and Urban Development, Patrick Banis, Garry
Sweeney, and Gordon F. Patterson’s (HUD’s) Motion to Dismiss Plaintiff’s First Amended
Complaint” (Dkt. #40). Further, Plaintiff fails to identify any statute to demonstrate the Court’s
subject-matter jurisdiction and to demonstrate a claim upon which relief can be granted.
Plaintiff’s reliance on the many cases cited in her objections and supplemental arguments are
Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge
(Dkt. #66) as the findings and conclusions of this Court. It is, therefore, ORDERED that
Defendants’ motion to dismiss (Dkt. #38) is GRANTED and this case should be DISMISSED
as to Defendants Department of Housing and Urban Development, Patrick Banis, Garry
Sweeney, and Gordon F. Patterson.
IT IS SO ORDERED.
SIGNED this 6th day of January, 2017.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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