Alpha K9 Pet Services et al v. Johnson et al

Filing 25

ORDER PARTIALLY ADOPTING REPORT AND RECOMMENDATIONS re: 24 Report and Recommendations; granting 9 MOTION to Dismiss. The case is dismissed without prejudice for lack of standing, or, alternatively, with prejudice for failure to state a claim upon which relief can be granted.(Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ALPHA K9 PET SERVICES, ET AL.,
Plaintiff,

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VS.
JEH JOHNSON, ET AL.,
Defendants.

March 21, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. B-15-095

ORDER
On February 3, 2016, the United States Magistrate Judge filed a Report and
Recommendation [Doc. No. 24]. No objections have been lodged by either side and the time for
doing so has expired.
Having reviewed the Report and Recommendation for plain error and having found none,
it is the opinion of the Court that the Magistrate Judge's Report and Recommendation is hereby
partially adopted. The Court, without expressing an opinion as to its correctness, does not adopt the
discussion regarding the need for notice and comment. This matter may be fully disposed of without
the necessity of reaching that issue. Therefore, the motion to dismiss [Doc. No. 9] filed by the
Defendants is granted, and the case is dismissed without prejudice for lack of standing, or,
alternatively, with prejudice for failure to state a claim upon which relief can be granted.
Signed this 21st day of March, 2016.

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Andrew S. Hanen
United States District Judge