Brockman v. Texas Department of Criminal Justice et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 42 Report and Recommendations. ORDERED that Defendants' motions to dismiss are GRANTED and the complaint is DISMISSED with prejudice. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 8/25/2009. (gsg)

IN THE UNITED STATES DISTRICT COURT
F O R THE EASTERN DISTRICT OF TEXAS T Y LE R DIVISION

CYNTHIA BROCKMAN, LEGAL REPRESENTATIVE FOR THE ESTATE OF CHRISTOPHER BROCKMAN, DECEASED v.

§ § § § CIVIL ACTION NO. 6:08CV6

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, ET AL. ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this case has been presented for consideration. The Report and Recommendation recommends that Defendants' Motions to Dismiss (document #31, #32 and #35) be granted and that the complaint be dismissed with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff filed written objections to the Report and Recommendation on August 20, 2009. Having made a de novo review of the written objections filed by Plaintiff, the Court finds that the findings and conclusions of the Magistrate Judge are correct and the objections are without merit. Plaintiff does not assert any factual allegations in her written objections that state a claim that is not time-barred. The Court, therefore, adopts the findings and conclusions of the Magistrate Judge as those of the Court. In light of the foregoing, it is Page 1 of 2

.

ORDERED that Defendants' Motions to Dismiss (document #31, #32 and #35) are GRANTED and the complaint is DISMISSED with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). Any motion not previously ruled on is DENIED.

SIGNED this 25th day of August, 2009.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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