Morgan v. Texas Department of State Health Services
ORDER denying without prejudice as moot 21 Motion to Dismiss; adopting Report and Recommendations re 24 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 11/30/2017) (Judge Sidney A Fitzwater)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
TEXAS DEPARTMENT OF STATE
Civil Action No. 3:17-CV-0897-D
In her November 2, 2017 findings, conclusions, and recommendation, the magistrate judge
recommended that if plaintiff filed a timely amended complaint, defendant’s July 28, 2017 motion
to dismiss should be denied as moot. After making an independent review of the pleadings, files,
and records in this case, and the findings, conclusions, and recommendation of the magistrate judge,
the court concludes that the findings and conclusions are correct. It is therefore ordered that the
findings, conclusions, and recommendation of the magistrate judge are adopted. Because plaintiff
filed an amended complaint on November 14, 2017, defendant’s July 28, 2017 motion to dismiss
is denied without prejudice as moot.
November 30, 2017.
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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