DeMarsh v. Gabriel et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 50 Report and Recommendations and ordering that Defendant Bruce Isaacks' motionto dismiss 44 be granted. Signed by Judge Michael H. Schneider on 10/30/08. (mjc )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION GERALD DEMARSH, SR. V. LEE GABRIEL, et al. § § § § §

CIVIL ACTION NO. 6:08-CV-40

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. The Report and Recommendation of the Magistrate Judge has been presented for consideration. (Doc. No. 50.) Plaintiff Gerald DeMarsh filed an objection (Doc. No. 53) to the Report and Recommendation. Having carefully considered the objections raised . by Plaintiff, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report and Recommendation of the United States Magistrate Judge as the findings of this Court, and ORDERS that Defendants Bruce Isaacks' motion to dismiss (Doc. No. 44) be GRANTED.
SIGNED this 30th day of October, 2008.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE