Toppings v. Birch et al

Filing 53

MEMORANDUM ADOPTING 51 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This entire action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. All relief not previously granted is hereby DENIED Signed by District Judge Richard A. Schell on 6/19/2018. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JOHN TOPPINGS,
Plaintiff,
v.
MATT BIRCH, MICHELLE MILLER, and
CITY OF RENO, TEXAS,
Defendants.

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CIVIL ACTION NO. 4:17-CV-321

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 21, 2018, the report of the Magistrate Judge (Dkt. #51) was entered containing proposed
findings of fact and recommendations that Defendant Michelle Miller’s First Amended Motion to
Dismiss (Dkt. #39) and Defendants Matt Birch and City of Reno, Texas’s Rule 12(b)(6) Motion
to Dismiss Plaintiff’s Second Amended Complaint (Dkt. #40) should be GRANTED and the case
should be DISMISSED WITH PREJUDICE in its 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. Therefore, Defendant Michelle Miller’s First Amended Motion to
Dismiss (Dkt. #39) and Defendants Matt Birch and City of Reno, Texas’s Rule 12(b)(6) Motion
to Dismiss Plaintiff’s Second Amended Complaint (Dkt. #40) are GRANTED.

Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that this entire
action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE.
All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE
this civil action.
IT IS SO ORDERED.

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SIGNED this the 19th day of June, 2018.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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