Kay v. TELCO CREDIT UNION et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Complaint be DISMISSED as to Officer FNU Martinez pursuant to FED. R. CIV. P. 41(b). Signed by Judge Michael H. Schneider on 11/10/2015. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROBERT KAY
Plaintiff,
v.
TELCO CREDIT UNION, et al.
Defendants.

§
§
§
§
§
§
§
§
§
§

Case No. 6:15-cv-462-MHS-KNM

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 (ECF 19), filed on October 5, 2015,
recommends that the Complaint be dismissed as to Officer FNU Martinez pursuant to FED. R.
1

CIV. P. 41(b). Neither party filed written objections . Accordingly, the findings and conclusions

of the Magistrate Judge are adopted as those of the Court. It is
ORDERED that the Complaint be DISMISSED as to Officer FNU Martinez pursuant to
FED. R. CIV. P. 41(b).

1

On October 13, 2015, Plaintiff filed a document with the Court (ECF 25) purporting to respond to the Court’s
Order to Show Cause (ECF 14) as to why the Complaint should not be dismissed as to Officer Martinez. Plaintiff
stated, “I do not have in my possession the evidence needed to question OFFICER MARTINEZ without objection of
hearsay and I will fail to state a claim for which relief can be granted to OFFICER MARTINEZ. Therefore,
OFFICER MARTINEZ is excused from all proceedings, nunc pro tunc, with prejudice.” Doc. No. 25.
1

SIGNED this 10th day of November, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2