Hudnall v. Payne et al

Filing 158

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Motion to Dismiss 126 is GRANTED. The complaint is DISMISSED WITH PREJUDICE. The dismissal is without prejudice to the re-filing of Plaintiff's claims in an appropriate state court within 60 days of entry of this Order. Intervenors' Motion to Withdraw Motions to Intervene 130 is DENIED. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 01/12/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MELVIN HUDNALL
v.
JIM PAYNE, et al.

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CIVIL ACTION NO. 6:14cv133

ORDER ADOPTING REPORT AND
RECOMMENDADTION 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 (docket no. 152) recommends that Defendants’
Motion to Dismiss (docket no. 126) be granted and that the Intervenors’ Motion to Withdraw
Motions to Intervene (docket no. 130) be denied.

No written objections have been filed.

Accordingly, the findings and conclusions of the Magistrate Judge are adopted. It is therefore
ORDERED that the Motion to Dismiss (docket no. 126) is GRANTED. The complaint
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is DISMISSED WITH PREJUDICE. The dismissal is without prejudice to the re-filing of
Plaintiff’s claims in an appropriate state court within sixty days of entry of this Order. It is
further
ORDERED that Intervenors’ Motion to Withdraw Motions to Intervene (docket no. 130)
is DENIED.
All motions by either party not previously ruled on are hereby DENIED.
SIGNED this 12th day of January, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE