Tolbert v. Memorial Health System of East Texas

Filing 19

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS. The deft's 8 motion to dismiss is granted to the extent that Defendant asserts that the complaint was not timely filed. The complaint is DISMISSED with prejudice for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Any motion not previously ruled on is DENIED. Signed by Judge Ron Clark on 8/21/12. (ljw, )

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

PATRICIA L. TOLBERT

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v.

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MEMORIAL HEALTH SYSTEM OF
EAST TEXAS

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CIVIL ACTION NO. 9:12CV88

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 #15) recommends that Defendant’s
Motion to Dismiss (document #8) be granted to the extent that Defendant asserts the complaint was
not timely filed and that the complaint be dismissed with prejudice 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 Defendant’s Motion to Dismiss (document #8) is GRANTED to the extent
that Defendant asserts that the complaint was not timely filed. It is further
ORDERED that the complaint is DISMISSED with prejudice for failure to state a claim
pursuant to Fed.R.Civ.P. 12(b)(6). Any motion not previously ruled on is DENIED.

So ORDERED and SIGNED this 21 day of August, 2012.

___________________________________
Ron Clark, United States District Judge
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