Soniat v. Texas Real Estate Commission et al
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 13 Motion to Dismiss filed by Texas Real Estate Commission, 24 Report and Recommendations. It is, therefore, ORDERED that Defendant TREC's Motion to Di smiss (Dkt. # 13 is GRANTED, and Plaintiff's claims against Defendant TREC are DISMISSED with prejudice. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civilaction. Signed by Judge Amos L. Mazzant, III on 6/5/2017. (baf, )
United States District Court
EASTERN DISTRICT OF TEXAS
TEXAS REAL ESTATE COMMISSION,
§ Civil Action No. 4:17-CV-00166
§ (Judge Mazzant/Judge Johnson)
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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On May 15, 2017, the report of the Magistrate Judge (Dkt. #24) was entered containing proposed
findings of fact and recommendations that Defendant Texas Real Estate Commission's ("TREC's")
Motion to Dismiss (Dkt. #13) be granted. The Magistrate Judge recommended pro se Plaintiff
Shelley Soniat’s claims against TREC be dismissed because: (1) the Eleventh Amendment bars
Plaintiff’s claims; (2) Plaintiff’s claims are frivolous under 28 U.S.C. § 1915; and (3) Plaintiff
failed to state a claim upon which relief can be granted.
Plaintiff has not specifically objected to any of the Magistrate Judge’s findings dismissing
the case against TREC. Instead, Plaintiff reiterates the same arguments she has made in her
response to the motion to dismiss (Dkt. #20). Plaintiff still requests the Court to issue an advisory
opinion based on two (2) questions she wishes Defendants to answer, which the Court is not
permitted to do (Dkt. #26 at 5). Plaintiff has failed to show that the Eleventh Amendment does
not bar her claims, that her claims are not frivolous, and that she has stated a claim upon which
relief can be granted.
Having received the report of the United States Magistrate Judge, having considered each
of Plaintiff’s timely filed objections (Dkt. #26), and having conducted a de novo review, the Court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts
the Magistrate Judge’s report (Dkt. #24) as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendant TREC’s Motion to Dismiss (Dkt. #13) is
. GRANTED, and Plaintiff’s claims against Defendant TREC are DISMISSED with prejudice.
All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil
IT IS SO ORDERED.
SIGNED this 5th day of June, 2017.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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