Nieman v. The Concrete Cowboy Bar et al

Filing 170

ORDER ACCEPTING 125 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court has under consideration the Findings, Conclusions and Recommendation of the United States Magistrate Judge (D.E. 162 ) recommend ing that the Court accept the Amended Findings, Conclusions and Recommendation (D.E. 125 ), this Court had remanded for further consideration in light of the objections filed. The objections are overruled and the Amended Findings, Conclusions, and R ecommendation are accepted. IT IS THEREFORE ORDERED that the Motion to Dismiss (D.E. 28 ) filed by Defendants Ellen O'Connell, M.D., Alexander Eastman, M.D., Gina Cho, M.D., Jeffrey Pruitt, M.D., Nhan Le, M.D., Kyle Molberg, M.D., Suhny Abbara, M.D., and Anthony Whittemore, M.D. is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 10/29/2015) (bdb)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JASON NIEMAN,
Plaintiff,
v.
CITY OF DALLAS, et al.,
Defendants.

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§ No. 3:14-CV-3897-M (BF)
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ORDER ACCEPTING AMENDED FINDINGS, CONCLUSIONS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions and Recommendation of the
United States Magistrate Judge [D.E. 162] recommending that the Court accept the Amended
Findings, Conclusions and Recommendation [D.E. 125], this Court had remanded for further
consideration in light of the objections filed. The Court has made a de novo review of those portions
of the Amended Findings, Conclusions and Recommendation [D.E. 162] to which objections were
made and has reviewed the actual claims asserted by Plaintiff in his live Complaint. The objections
are overruled and the Amended Findings, Conclusions, and Recommendation are accepted.
IT IS THEREFORE ORDERED that the Motion to Dismiss [D.E. 28] filed by Defendants
Ellen O’Connell, M.D., Alexander Eastman, M.D., Gina Cho, M.D., Jeffrey Pruitt, M.D., Nhan Le,
M.D., Kyle Molberg, M.D., Suhny Abbara, M.D., and Anthony Whittemore, M.D. is GRANTED.
SO ORDERED this 29th day of October, 2015.

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