Scott v. Crockett Independant School District

Filing 43

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS. CISD's Motion to Dismiss Pursuant to 28 U.S.C. § 1915(e) and Federal Rule 12(b)(6) 15 is GRANTED. Plaintiff Harry Scott may file an amended complaint to cure the deficiencies identified by the magistrate judge. Should Scott choose to amend his complaint, he must do so by 4:00 p.m. on Friday, August 12, 2016. Signed by Judge Michael H. Schneider on 7/28/16. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
HARRY FRED SCOTT,
Plaintiff,
v.
CROCKETT
DISTRICT,

INDEPENDENT

SCHOOL

Defendant.

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CIVIL ACTION NO. 9:15-CV-00142-MHS

ORDER ADOPTING REPORT AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE
This case was assigned to the Honorable Zack Hawthorn, United States Magistrate Judge,
for all pretrial matters pursuant to General Order 05-07. Pending before the court is Defendant
Crockett Independent School District’s (CISD) “Motion to Dismiss Pursuant to 28 U.S.C. §
1915(e) and Federal Rule 12(b)(6).”

(Doc. No. 15.)

The magistrate judge filed a report

recommending that the court grant CISD’s motion. (Doc. No. 37.) No objections have been
filed to the magistrate judge’s report and recommendation, and the time for doing so has passed.
Furthermore, the court’s independent review confirms that the magistrate judge’s analysis is
correct.
It is, therefore, ORDERED that the magistrate judge’s report and recommendation (Doc.
No. 37) is ADOPTED; and CISD’s “Motion to Dismiss Pursuant to 28 U.S.C. § 1915(e) and
Federal Rule 12(b)(6)” (Doc. No. 15) is GRANTED. Plaintiff Harry Scott may file an amended
complaint to cure the deficiencies identified by the magistrate judge.

Should Scott choose to amend his complaint, he must do so by 4:00 p.m. on Friday,
August 12, 2016.
SIGNED this 28th day of July, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE