Becton et al v. McKinney City of et al

Filing 109

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 106 Report and Recommendation. ORDERED, ADJUDGED, AND DECREED that CCMC's Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. #97) is GRANTED, Defendant CR CA's Motion for Judgment on the Pleadings (Dkt. #100) is GRANTED, and the claims asserted by Plaintiffs against CCMC and CRCA are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. Signed by District Judge Amos L. Mazzant, III on 1/8/2018. (kls, )

Download PDF
United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION D.B., By & Through Next Friend SHASHONA BECTON, Plaintiff, v. CITY OF MCKINNEY, TX, ET AL., Defendants. ZACH TWA, ET AL., Plaintiffs, v. DAVID ERIC CASEBOLT, ET AL., Defendants. DANA BAKARI, ET AL., Plaintiffs, v. DAVID ERIC CASEBOLT, ET AL., Defendants. § § § § § § § § § § § § § § § § § § § § § § § § § § § § § CASE NO. 4:16-CV-965-ALM-KPJ (LEAD) CASE NO. 4:17-CV-382-ALM-KPJ CASE NO. 4:17-CV-392-ALM-KPJ MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF 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 December 15, 2017, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations (see Dkt. #106) that Defendant Capital Consultants Management Corporation’s (“CCMC”) Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. #97) be granted, and Defendant Craig Ranch Community Association’s (“CRCA”) Motion for Judgment on the Pleadings (Dkt. #100) be granted, and the claims asserted by Plaintiffs J.K.B. and D.A.B. by and through Next Friend, Dana Bakari; D.B., By and Through Next Friend, Shashona Becton; and L.M.M., By and Through Next Friend, Yolondra McKever (collectively, “Plaintiffs”) against Defendants CCMC and CRCA be dismissed in their entirety. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the 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. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that CCMC’s Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. #97) is GRANTED, Defendant CRCA’s . Motion for Judgment on the Pleadings (Dkt. #100) is GRANTED, and the claims asserted by Plaintiffs against CCMC and CRCA are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. IT IS SO ORDERED. SIGNED this 8th day of January, 2018. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?