Ratliff v. Nix et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The claims against Defendant Betty Cozette Nix and Richard Hinds are DISMISSED with prejudice. The Court previously dismissed the claims against Defendants Roxie W. Cluck and Randal L. McDonald. The complaint is DISMISSED and any motion not previously ruled on is DENIED. Signed by Judge Robert W. Schroeder, III on 03/27/17. (mll, )

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

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v.

BETTY COZETTE NIX, et al.

CIVIL ACTION NO. 6:16cv1030

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE

The Amended Report and Recommendation of the Magistrate Judge, which contains her
findings, conclusions, and recommendation for the disposition of the remaining claims, has
been presented for consideration. The Report and Recommendation (Docket No. 27), filed on
February 14, 2017, recommends that the claims against Defendant Betty Cozette Nix and
Richard Hinds be dismissed with prejudice for lack of subject matter jurisdiction because
Plaintiff has not alleged facts that support diversity for her state law fraud claim or facts that
support a showing that Defendants are state employees or acted under color of state law for her
claim under 28 U.S.C. § 1983.

Docket No 27 at 3.

The Court sent the Report and

Recommendation to Plaintiff via regular and certified mail on the date it was issued. Plaintiff
subsequently registered as a Filing User in the Electronic Filing System. The Court sent
Plaintiff a copy of the Report and Recommendation electronically on March 6, 2017. To date,
no written objections have been filed.

The Court therefore ADOPTS the findings and

conclusions of the Magistrate Judge as those of the Court.

.
In light of the foregoing, it is
ORDERED that the claims against Defendant Betty Cozette Nix and Richard Hinds are
DISMISSED with prejudice pursuant to FED. R. CIV. P. 12(b)(1) and 28 U.S.C. § 1915(e)(2). The
Court previously dismissed the claims against Defendants Roxie W. Cluck and Randal L.
McDonald. It is therefore
ORDERED that the complaint is DISMISSED and any motion not previously ruled on is
DENIED.
SIGNED this 27th day of March, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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