Allen et al v. Travis et al

Filing 60

ORDER ACCEPTING 58 FINDINGS, CONCLUSIONS & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The objections are overruled. Defendant Kenneth Price's 49 Motion for Judgment on the Pleadings is GRANTED in part. Plaintiffs' second, th ird and fourth claims against him are DISMISSED with prejudice. Defendant Kenneth Price's Motion for Judgment on the Pleadings is DENIED as to Tobias's first claim for denial of his right of access to the Courts. (Ordered by Judge Barbara M. G. Lynn on 10/10/2008) (twd)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JACKIE DIANE ALLEN and RICHARD TOBIAS, Plaintiffs, v. DAVID TRAVIS and KENNETH PRICE, Defendants. § § § § § § § § § §

Civil Action No. 3:06-CV-1361-M (BH)

ORDER ACCEPTING FINDINGS, CONCLUSIONS & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate Judge on Defendant Kenneth Price's Motion for Judgment on the Pleadings, filed April 3, 2008. Objections were filed, and the District Court has made a de novo review of those portions of the proposed Findings, Conclusions, & Recommendation to which objection was made. The objections are overruled, and the Court accepts the Findings, Conclusions, & Recommendation of the United States Magistrate Judge. Defendant Kenneth Price's Motion for Judgment on the Pleadings is GRANTED in part. Plaintiffs' second, third and fourth claims against him are DISMISSED with prejudice. Defendant Kenneth Price's Motion for Judgment on the Pleadings is DENIED as to Tobias's first claim for denial of his right of access to the Courts. SIGNED this 10th day of October, 2008.

_________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS