Kremelberg v. Keeling et al

Filing 37

ORDER ACCEPTING 35 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant Ellis County, Texas' Rule 12(b)(6) Motion to Dismiss Plaintiff's Second Amended Complaint, filed 6/7/2016 (doc. 25 ), and Defendants' Second Motion & Brief to Dismiss, filed 6/15/2016 (doc. 28 ) are both GRANTED. (Ordered by Judge Ed Kinkeade on 1/12/2017) (sss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID KREMELBERG, Plaintiff, vs. § § § Civil Action No. 3:15-CV-3695-K § CORPORAL WESLEY KEELING, et al., § Defendants. § ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is 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. Defendant Ellis County, Texas’ Rule 12(b)(6) Motion to Dismiss Plaintiff’s Second Amended Complaint, filed June 7, 2016 (doc. 25), and Defendants’ Second Motion & Brief to Dismiss, filed June 15, 2016 (doc. 28) are both GRANTED. By separate judgment, all of the plaintiff’s claims against Corporal Wesley Keeling; the City of Midlothian, Texas; and Ellis County, Texas will be DISMISSED with prejudice for failure to state a claim upon which relief can be granted. SO ORDERED. Signed January 12th, 2017. ED KINKEADE UNITED STATES DISTRICT JUDGE

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