Belment v. Canton City Police Chief Mike Echols et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The findings and conclusions of the Magistrate Judge are correct and the objections are without merit. Defendant Echols' Motion to Dismiss 15 , Defendant City of Canton's Motion to Dismiss 16 an d James Bradshaw's Second Motion & Brief to Dismiss Plaintiff's First Amended Complaint 24 are GRANTED. The complaint is DISMISSED WITH PREJUDICE as time-barred. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 01/21/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
LELDON RAY BEMENT
v.
JAMES BRADSHAW, et al.

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CIVIL ACTION NO. 6:15cv391

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 (ECF 27) recommends that Defendant Echols’
Motion to Dismiss Under Rules 12(b)(1) and 12(b)(6) (ECF 15), Defendant City of Canton’s
Motion to Dismiss Under Rules 12(b)(1) and 12(b)(6) (ECF 16) and James Bradshaw’s Second
Motion & Brief to Dismiss Plaintiff’s First Amended Complaint (ECF 24) be granted and that
the complaint be dismissed with prejudice as time-barred. Plaintiff filed written objections to the
Report and Recommendation on January 17, 2016 (ECF 29).
Having made a de novo review of the written objections filed by Plaintiff, the findings
and conclusions of the Magistrate Judge are correct and the objections are without merit. It is
therefore
ORDERED that Defendant Echols’ Motion to Dismiss Under Rules 12(b)(1) and
12(b)(6) (ECF 15), Defendant City of Canton’s Motion to Dismiss Under Rules 12(b)(1) and
12(b)(6) (ECF 16) and James Bradshaw’s Second Motion & Brief to Dismiss Plaintiff’s First

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Amended Complaint (ECF 24) are GRANTED.

The complaint is DISMISSED WITH

PREJUDICE as time-barred.
All motions by either party not previously ruled on are hereby DENIED.
SIGNED this 21st day of January, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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