Pak v. East Texas Medical Center et al

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 65 Report and Recommendations, and granting 50 Motion to Dismiss filed by City Of Tyler, 51 Motion to Dismiss/Lack of Jurisdiction, filed by Joseph Wassef, 53 Motion to Dismiss/Lack of Jur isdiction, filed by Dennis Santos, 52 Motion to Dismiss/Lack of Jurisdiction, Motion for More Definite Statement, filed by East Texas Medical Center. All federal claims against these Defendants are DISMISSED with prejudice and all state law cl aims against these Defendants are DISMISSED without prejudice. All federal claims against Dr. Stuart Crutchfield, Dr. Karen Neiss, Dr. John Pouge, and the Smith County Sheriff's Department are DISMISSED with prejudice and all state law claims against the same Defendants are DISMISSED without prejudice, sua sponte. Signed by Judge Robert W. Schroeder, III on 3/8/17. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

CHARLES W. PAK,
Plaintiff,
v.
ETMC et al.,
Defendants.

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CIVIL ACTION NO. 6:16-cv-014-RWSKNM

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge (“Report”), which contains her
findings, conclusions, and recommendation for the disposition of this case, has been presented for
consideration. The Report (Doc. No. 65) recommends that the City of Tyler, Tyler Police
Department, East Texas Medical Center, Dr. Joseph Wassef, and Dr. Joseph Santo’s Motions to
Dismiss be granted. Doc. Nos. 50, 51, 21, 53. The Report further recommends dismissing with
prejudice all federal claims against these Defendants and dismissing without prejudice all state law
claims against these Defendants. Finally, the Report recommends sua sponte dismissal with
prejudice of all federal claims against Dr. Stuart Crutchfield, Dr. Karen Neiss, Dr. John Pouge,
and the Smith County Sheriff’s Department, and dismissal without prejudice of all state law claims
against them.
An acknowledgment of receipt card (Doc. No. 66) received by the Court reveals that
Plaintiff received the Report and Recommendation no later than February 10, 2017. No party has
filed written objections. The Court, having reviewed the Report and found no clear error, adopts_
the findings and conclusions of the Magistrate Judge as those of the Court. In light of the_
foregoing, it is

ORDERED that the City of Tyler, Tyler Police Department, East Texas Medical Center,
.
Dr. Joseph Wassef, and Dr. Joseph Santo’s Motions to Dismiss (Doc Nos. 50, 51, 52, and 53) be
GRANTED.

It is further ORDERED that all federal claims against these Defendants be

DISMISSED with prejudice and that all state law claims against these Defendants be
DISMISSED without prejudice. It is finally ORDERED that all federal claims against Dr.
Stuart Crutchfield, Dr. Karen Neiss, Dr. John Pouge, and the Smith County Sheriff’s Department
be DISMISSED with prejudice, sua sponte, and that all state law claims against the same
Defendants be DISMISSED without prejudice, sua sponte.
SIGNED this 8th day of March, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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