Allen v. Heath et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 53 Report and Recommendations of the United States Magistrate Judge. ORDERED that Plaintiffs Motion (Doc. No. 48) and Defendants Motion (Doc. No. 5) are GRANTED. Plaintiff shall file an amended complaint in this action within 14 days from the issuance of this Order. Signed by Judge Michael H. Schneider on 6/10/2016. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
AMANDA ALLEN,
Plaintiff,
v.
DR. JOE DONALD HEATH, in his
individual and official capacities,
HANNAH HEARN, and
NWPROPERTY MANAGEMENT, LLC
d/b/a NWP MANAGEMENT,

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CIVIL ACTION NO. 6:16-cv-51
MHS-JDL

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On May 20, 2016, United States Magistrate Judge John D. Love issued a Report and
Recommendation, recommending that the undersigned GRANT Plaintiff Amanda Allen’s
(“Plaintiff” or “Ms. Allen”) Motion for Leave to file an amended complaint (Doc. No. 48). (Doc.
No. 53.) Also within the same Report and Recommendation, the Magistrate Judge recommended
that the undersigned GRANT Defendant Dr. Joe Donald Heath’s (“Defendant” or “Dr. Heath”)
Partial Motion to Dismiss (Doc. No. 5). (Doc. No. 53.) Specifically, the Magistrate Judge
recommended that Plaintiff be allowed to amend her complaint to add factual support for her
requested injunctive relief, and to remove the requested monetary damages for Plaintiff’s § 1983
claims against Dr. Heath in his official capacity. (Doc. No. 53.) No objections to the Report and
Recommendation were filed during the prescribed objection period.
The Court, having reviewed the Magistrate Judge’s findings and conclusions, is of the
opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the
Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
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conclusions of the Court. It is accordingly ORDERED that Plaintiff’s Motion (Doc. No. 48) and
Defendant’s Motion (Doc. No. 5) are GRANTED. Plaintiff shall file an amended complaint in
this action within 14 days from the issuance of this Order.
SIGNED this 10th day of June, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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