Johnson v. Thaler et al

Filing 36

ORDER adopting 29 Report and Recommendations, denying 20 MOTION to Dismiss filed by Rick Thaler. Signed by Judge David Folsom on 6/13/11. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

ANTHONY SCOTT JOHNSON, #1024898

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VS.

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RICK THALER, ET AL.

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CIVIL ACTION NO. 5:11cv9

ORDER
Plaintiff Anthony Scott Johnson, a Texas prison inmate, proceeding pro se, filed the abovestyled and numbered civil rights lawsuit. The complaint was referred to United States Magistrate
Judge Caroline M. Craven, who issued a Second Report and Recommendation concluding that
Defendant Thaler’s motion to dismiss should be denied. The Report of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been

.

presented for consideration, 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 same as the
findings and conclusions of the Court. It is accordingly
ORDERED that Defendant Thaler’s 12(b) motion to dismiss (docket entry #20) is DENIED.

SIGNED this 13th day of June, 2011.

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DAVID FOLSOM
UNITED STATES DISTRICT JUDGE