THE ESTATE OF TAYLOR HUFF et al v. CITY OF ABILENE TEXAS POLICE DEPARTMENT et al

Filing 21

Order Accepting Findings and Recommendations re: 19 Findings and Recommendations on re: 1 Complaint,,,, filed by Lori Strawn, The Estate Of Taylor Huff, Richard Strawn. This Court ACCEPTS THE Report and Recommendation, GRANTS the Motion to Dismiss, and dismisses Counts Six and Seven for failure to state a claim under Fed. R. Civ. P. 12(b)(6). (Ordered by Chief Judge Jorge A Solis on 11/5/2015) (jgf)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION THE ESTATE OF TAYLOR HUFF, et al., Plaintiffs, vs. CITY OF ABILENE TEXAS POLICE DEPARTMENT, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:15-CV-0001-P-BL ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On September 24, 2015, the assigned Magistrate Judge issued a Report and Recommendation (doc. 19) in which he recommends that the Court grant a Motion to Dismiss (doc. 11) and dismiss Counts Six and Seven of Plaintiffs’ complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6). Plaintiffs have filed no objection to the recommendation. After reviewing the relevant filings, including the Report and Recommendation, in accordance with 28 U.S.C. § 636(b)(1), the undersigned is of the opinion that the findings and conclusions of the Magistrate Judge are correct and they are accepted as the findings and conclusions of the Court. Accordingly, the Court ACCEPTS the Report and Recommendation (doc. 19), GRANTS the Motion to Dismiss (doc. 11), and dismisses Counts Six and Seven for failure to state a claim under Fed. R. Civ. P. 12(b)(6). SIGNED this 5th day of November, 2015. _________________________________ JORGE A. SOLIS UNITED STATES DISTRICT JUDGE

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