Gaither v. Cruz et al

Filing 78

ORDER: The recommendation of the magistrate judge is adopted 70 , and defendant Smiths 56 motion to dismiss is denied. (Ordered by Senior Judge Sidney A Fitzwater on 11/30/2018) (krd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
CHRISTOPHER LEE GAITHER,
Plaintiff,
v.
GREGORY S. DAVID, et al.,
Defendants.

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2:15-CV-104-D

ORDER

After making an independent review of the pleadings, files, and records in this case, and the
October 22, 2018 findings, conclusions, and recommendation of the United States Magistrate Judge,
the court concludes the magistrate judge’s findings and conclusions are correct.

The

recommendation of the magistrate judge is adopted, and defendant Smith’s motion to dismiss is
denied.
SO ORDERED.
November 30, 2018.

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SIDNEY A. FITZWATER
SENIOR JUDGE