Opinion
CIVIL ACTION NO. 1:14-CV-297
09-28-2015
ORDER ADOPTING REPORT AND RECOMMENDATION AND OF DISMISSAL
Pursuant to 28 U.S.C. § 636, the Local Rules for the United States District Court, Eastern District of Texas, and General Order 14-10, this matter was directly assigned to United States Magistrate Judge Keith F. Giblin. On September 5, 2015, Judge Giblin issued his Report and Recommendation on the defendants' numerous motions to dismiss. The Clerk assigned this District Court to consider and review the magistrate judge's recommended disposition.
To date, no party has filed objections to Judge Giblin's findings and recommendation in accordance with Federal Rule of Civil Procedure 72 and 28 U.S.C. § 636(b). The Court has conducted a de novo review of the record and the applicable law. See FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b). After careful consideration, the Court accepts Judge Giblin's recommended disposition. The Court therefore ORDERS that the Report and Recommendation on Motions to Dismiss [Clerk's Doc. #23] is ADOPTED. Pursuant to the magistrate judge's recommendation, the Court further ORDERS that the defendant's motions to dismiss [Clerk's Doc. #s 13, #15, #16, and #17] are GRANTED.
As recommended by Judge Giblin, the Court ORDERS that plaintiff Rosianna Blount's claims are DISMISSED in their entirety, with prejudice, for failure to state a claim and lack of jurisdiction. Plaintiff Alton J. Green's claims are DISMISSED, without prejudice. The Clerk is ORDERED to close this case.
SIGNED this the 28 day of September, 2015.
/s/_________
Thad Heartfield
United States District Judge