Lucky v. Haynes et al

Filing 83

Order Accepting Findings and Recommendations re: 75 Findings and Recommendations on Motion 24 to Dismiss for Failure to State a Claim filed by Leigh Taliaverro. (Ordered by Judge Jane J Boyle on 7/1/2013) (chmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BOBBY DWAYNE LUCKY, Plaintiff, v. SANDRA HAYNES, et al., Defendants. § § § § § § § § § CIVIL ACTION NO. 3:12-CV-2609-B ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court are the Findings, Conclusions, and Recommendation (doc. 75) of United States Magistrate Judge Paul D. Stickney, filed on June 13, 2013. The Findings recommend that the Court grant Defendant Leigh Taliaferro’s Motion to Dismiss under Rule 12(b)(6) (doc. 24). Plaintiff failed to object to the Findings within the fourteen days permitted under Federal Rule of Civil Procedure 72(b)(2), so the Court reviews the Findings for clear error. After making an independent review of the pleadings, files and records in this case as well as the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Court is of the opinion that the Findings, Conclusions, and Recommendation are correct and free of clear error. It is therefore ORDERED that the Findings, Conclusions and Recommendation (doc. 75) are ADOPTED and the Motion to Dismiss (doc. 24) is GRANTED. SO ORDERED. SIGNED: July 1, 2013. -1- _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE -2-

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