Fountain v. Rupert et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court is of the opinion that the findings and conclusions of the Magistrate Judge 53 are correct, and adopts same as the findings and conclusions of the Court. Plaintiff's Motion for Class Certification 42 is hereby DENIED. Signed by Judge Michael H. Schneider on 05/16/16. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION FREDDIE FOUNTAIN § VS. § UNITED STATES OF AMERICA, ET AL § CIVIL ACTION NO.6:15cv100 ORDER DENYING CLASS CERTIFICATION The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge K. Nicole Mitchell. Plaintiff filed a motion entitled “Motion for Class Certification” (docket entry #42). The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of the motion, has been presented for consideration. Plaintiff filed objections (docket entry # 54). The Court has reviewed Plaintiff’s . objections, and finds them to be without merit. 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 therefore ORDERED that Plaintiff’s Motion for Class Certification (docket entry #42) is hereby DENIED. SIGNED this 16th day of May, 2016. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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