Windham vs City of Center, Texas etal

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS. The 11 Motion to Dismiss is GRANTED and this Complaint is DISMISSED with prejudice for failure to state a claim. Fed.R.Civ.P. 12(b)(6). Any motion not previously ruled on is DENIED. Signed by Judge Ron Clark on 6/29/12. (ljw, )

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

STEVE WINDHAM d/b/a Windham Co.

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v.

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CITY OF CENTER, TEXAS, et al.

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CIVIL ACTION NO. 9:11CV152

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contain her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (document #12) recommends that the Motion to
Dismiss (document #11) be granted and that the complaint be dismissed with prejudice for failure
to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). 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 the Motion to Dismiss (document #11) is GRANTED and the abovecomplaint is DISMISSED with prejudice for failure to state a claim. Fed.R.Civ.P. 12(b)(6). Any
motion not previously ruled on is DENIED.

So ORDERED and SIGNED this 29 day of June, 2012.

___________________________________
Ron Clark, United States District Judge

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