Bishop v. Texarkana, Texas Police Department

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss, filed by Texarkana, Texas Police Department, Motions terminated: 6 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by Texarkana, Texas Police Department. Accordingly, it is herebyORDERED that Defendants Motion to Dismiss for Failure to State a Claim Upon WhichRelief Can be Granted (Dkt. No. 6) is DENIED WITHOUT PREJUDICE TO REFILING inorder to allow Plaintiff to conduct discovery. Signed by Judge David Folsom on 2/9/09. cc: Allen Bishop via US Mail.(mpv, )

IN THE UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ALLEN BISHOP V. TEXARKANA, TEXAS POLICE DEPARTMENT § § § § § §

No. 5:08CV141

MEMORANDUM ORDER The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections to the Report and Recommendation were filed. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby . ORDERED that Defendant's Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (Dkt. No. 6) is DENIED WITHOUT PREJUDICE TO REFILING in order to allow Plaintiff to conduct discovery.

SIGNED this 9th day of February, 2009.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE