Smith et al v. Sanders et al

Filing 233

ORDER Accepting 212 Findings, Conclusions, and Recommendation on 184 Motion to Dismiss and 186 Motion to Dismiss. (Ordered by Chief Judge Barbara M.G. Lynn on 3/21/2017) (ran)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAWRENCE M. SMITH, and UNITED
STATES OF AMERICA, ex rel

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Plaintiffs,
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v.
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DEION L. SANDERS, Individually, ET AL., §
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Defendants.
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Civil Action No. 3:12-CV-4377-M

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge (which were signed on January 30, 2017, but are misdated January 30, 2016) and
conducting a de novo review of those parts of the Findings and Conclusions to which objections have
been made, I am 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.
The Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted
Filed By Defendants Charity Church and Fredrick Mays, filed August 10, 2016 (doc. 184), and the
Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted Filed by
Defendants Damien LaMarc Wallace and Chazma Jones, filed August 10, 2016 (doc. 186) are
GRANTED. The claims against Pastor Frederic R. Mays, Damien LaMarc Wallace, and Chazma
Jones for presenting a false claim and conspiring to submit a false claim in relation to the charter

school and grant applications are DISMISSED WITH PREJUDICE. By separate judgment,
Relator’s claims against Charity Church will be DISMISSED WITH PREJUDICE.1
SIGNED this 21st day of March, 2017.

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BARBARA M. G. LYNN
CHIEF JUDGE

1

All claims related to Charity Church in Relator’s Third Amended Original Complaint (doc.
89) regarding the summer school lunch program, which was consolidated with his separate suit
regarding a charter school application and start-up grants (doc. 122), were previously dismissed
(docs. 132, 134-35), so no further claims remain against this defendant. It is not clear whether the
claims against Damien LaMarc Wallace, Pastor Frederic R. Mays, and Chazma Jones in the Third
Amended Original Complaint (doc. 89) remain pending. Those claims were deleted from the only
complaint filed after the consolidation, i.e., Second Amended Complaint (doc. 172), which
superseded the Third Amended Original Complaint (doc. 89), but the Second Amended Complaint
(doc. 172) only relates to the charter school application and start-up grants.
2