Comstock v. City of Balch Springs et al

Filing 21

ORDER 17 ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE. The Court GRANTS Defendants City of Balch Springs and Angeleana Tolliver's 16 motion to strike Plaintiff Charles M. Comstock's unauthorized sur-rep ly, and GRANTS IN PART Defendants' Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6) 6 motion to dismiss Plaintiff's complaint. Accordingly, the Court QUASHES Plaintiff's defective service of process, DISMISSES the complain t without prejudice, and GRANTS Plaintiff leave to, by no later than 7/11/2017 file an amended complaint containing factual allegations that are sufficient enough to allege a plausible claim for relief and (2) properly serve that amended complaint on Defendants. (Ordered by Judge Jane J. Boyle on 6/26/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHARLES M. COMSTOCK,

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Plaintiff,
V.
CITY OF BALCH SPRINGS AND
ANGELEANA TOLLIVER,
Defendants.

No. 3:17-cv-344-B

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. An objection was filed by Plaintiff. The District Court reviewed de novo those portions of
the proposed findings, conclusions, and recommendation to which objection was made, and reviewed
the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error,
the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge.
The Court therefore GRANTS Defendants City of Balch Springs and Angeleana Tolliver’s
motion to strike Plaintiff Charles M. Comstock’s unauthorized sur-reply, see Dkt. Nos. 15 & 16 and
GRANTS IN PART Defendants’ Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6) motion
to dismiss Plaintiff’s complaint, see Dkt. No. 11.
Accordingly, the Court QUASHES Plaintiff's defective service of process, DISMISSES the
complaint without prejudice, and GRANTS Plaintiff leave to, by no later than July 11, 2017, (1)
file an amended complaint containing factual allegations that are sufficient enough to allege a
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plausible claim for relief and (2) properly serve that amended complaint on Defendants.
SO ORDERED.
DATE: JUNE 26, 2017

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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