Fobbs v. Simmons et al

Filing 36

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 34 Report and Recommendations. It is therefore ORDERED that the Motion to Dismiss (Dkt. #33) is GRANTED. It is further ORDERED that this case is DISMISSED WITH PREJUDICE. It is finally ORDERED that any request for relief not addressed by the Report (Dkt. #34) is DENIED AS MOOT. Signed by District Judge Sean D. Jordan on 9/24/2024. (dlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOSHUA FOBBS,
Plaintiff,
v.
BLAKE SIMMONS, et al.,
Defendants.

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CIVIL ACTION NO. 4:22-CV-01030SDJ-AGD

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge (“Report”), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636. On September 3, 2024, the Report of
the Magistrate Judge, (Dkt. #34), was entered containing proposed findings of fact
and recommendation that the Motion to Dismiss (Dkt. #33) be granted and that this
case should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b).
Having received the Report of the United States Magistrate Judge, and no
timely objections being 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.
It is therefore ORDERED that the Motion to Dismiss (Dkt. #33) is
GRANTED. It is further ORDERED that this case is DISMISSED WITH
PREJUDICE.

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It is finally ORDERED that any request for relief not addressed by the Report
(Dkt. #34) is DENIED AS MOOT.
So ORDERED and SIGNED this 24th day of September, 2024.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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