Copeland v. Minton et al

Filing 19

Order Accepting 18 Findings and Recommendations: The court grants Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; denies as moot Plaintiff's Alternative Rule 12(b)(6) Motion to Dismiss for Failing to State Claims on which Relief May Be Granted; denies Defendant's Rule 11(c) Motion for Sanctions; and dismisses this action without prejudice. (Ordered by Judge Sam A Lindsay on 1/23/2017) (mem)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BRUCE COPELAND,

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Plaintiff,
v.
MICHAEL W. MINTON, Individually,
And THE LAW OFFICES OF
MICHAEL W. MINTON,
Defendants.

Civil Action No. 3:16-CV-726-L

ORDER
Before the court is Defendants’ Amended Rule 12(b)(1) Motion to Dismiss for Lack of
Subject Matter Jurisdiction, Alternative Rule 12(b)(6) Motion to Dismiss for Failing to State
Claims on which Relief May Be Granted, and Rule 11(c) Motion for Sanctions (Doc. 13), filed
July 12, 2016. On December 29, 2016, United States Magistrate Judge Irma Carrillo Ramirez
entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge
(“Report”), recommending that Plaintiff be given an opportunity to amend his complaint within
the time that is allowed for objections to the Report, or a deadline otherwise set by the court. The
Report further recommended that, if the court grants the motion to dismiss and Plaintiff does not
file an amended complaint or objections within the 14-day timeframe for filing objections, the
court should dismiss the action without prejudice. The deadline for filing objections to the Report
expired on January 12, 2017, and Plaintiff, despite being put on notice, has not amended his
complaint or filed any objections to the Report.

Order – Page 1

Having reviewed the motion, record in this case, applicable law, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct, and accepts them
as those of the court. Accordingly, the court grants Defendants’ Motion to Dismiss for Lack of
Subject Matter Jurisdiction; denies as moot Plaintiff’s Alternative Rule 12(b)(6) Motion to
Dismiss for Failing to State Claims on which Relief May Be Granted; denies Defendants’ Rule
11(c) Motion for Sanctions; and dismisses this action without prejudice.
It is so ordered this 23rd day of January, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2