Elliott v. The United States of America et al

Filing 53

Order Accepting 51 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Defendant Tammy Sherman's Motion for Summary Judgment on the Issues of Failure to Exhaust Administrative Remedies and Qualified Immunity (ECF No. 45 ) is GRANTED, and Plaintiff's claims against Defendant are DISMISSED with prejudice. Additionally, Defendant's request for attorneys' fees is DENIED. (Ordered by Judge Jane J. Boyle on 2/25/2019) (zkc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL ELLIOTT,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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No. 3:16-CV-3231-B-BT

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, and Recommendation of
United States Magistrate Judge Rebecca Rutherford dated February 6, 2019. The Court has made
a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to
which objections were made. The objections are overruled.
IT IS THEREFORE ORDERED that Defendant Tammy Sherman’s Motion for Summary
Judgment on the Issues of Failure to Exhaust Administrative Remedies and Qualified Immunity (ECF
No. 45) is GRANTED, and Plaintiff’s claims against Defendant are DISMISSED with prejudice.
Additionally, Defendant’s request for attorneys’ fees is DENIED.
SO ORDERED this 25TH day of February, 2019.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE