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)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DAVID KREMELBERG,
Plaintiff,
vs.

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§
§ Civil Action No. 3:15-CV-3695-K
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CORPORAL WESLEY KEELING, et al., §
Defendants.
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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