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, )
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.
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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
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