Allen et al v. Travis et al

Filing 85

ORDER ACCEPTING 80 Findings and Recommendations. Defendant Kenneth Prices Motion For Summary Judgment filed 7/22/2009, (doc. 64) is GRANTED. The motions for contempt and for summary judgment contained within the Tobias response (doc. 73) are DENIED, and Plaintiffs' Supplemental Declaration filed on 10/23/2009, is stricken as untimely. (See Order) (Ordered by Judge Barbara M. G. Lynn on 11/4/09) (dnc) Modified on 11/17/2009 (caw).

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

RICHARD B. TOBIAS, Plaintiff, v. KEN PRICE, Courtroom Security Officer, Defendant.

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No. 3:06-CV-1361-M

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 on Defendant Kenneth Price's Motion For Summary Judgment filed July 22, 2009, and a motion for contempt and motions for summary judgment contained within Plaintiff Tobias' Response to Defendant Price' [sic] Motion for Summary Judgment, filed August 10, 2009. 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 Summary Judgment filed July 22, 2009, (doc. 64) is GRANTED. The motions for contempt and for summary judgment contained within the Tobias response (doc. 73) are hereby DENIED, and Plaintiff's Supplemental Declaration filed on October 23, 2009, is stricken as untimely. SIGNED this 4th day of November, 2009.

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