Opinion
Civil Action 4:20-CV-456
03-28-2023
STEVIE D. JONES, #568611 v. MEDICAL CITY OF DENTON, ET AL.
Nowak Judge
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636 (Dkt. #7). On April 7, 2021, this case was transferred to the undersigned (Dkt. #18). On March 3, 2023, the report of the Magistrate Judge (Dkt. #72) was entered containing proposed findings of fact and recommendations that Defendant Medical City Denton's Motion to Dismiss (Dkt. #62) and Defendant Denton County Detention Center/Jail's Motion to Dismiss Pursuant to Fed. R Civ. P. 12(b) (Dkt. #63) each be granted, that Defendant Medical City Denton's Motion to Strike or Alternatively, Motion to Dismiss (Dkt. #69) be denied as moot, that Plaintiff's Motion Requesting Spears vs. McCotter Hearing (Dkt. #67) be denied, and Plaintiff's claims against Medical City Denton, Denton County Detention Center/Jail, and all other named defendants, be dismissed with prejudice. Having received the report of the Magistrate Judge, and no objections thereto having been timely filed to the report and recommendation, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the court.
It is therefore ORDERED that Defendant Medical City Denton's Motion to Dismiss (Dkt. #62) and Defendant Denton County Detention Center/Jail's Motion to Dismiss Pursuant to Fed. R Civ. P. 12(b) (Dkt. #63) are each GRANTED, that Defendant Medical City Denton's Motion to Strike or Alternatively, Motion to Dismiss (Dkt. #69) is DENIED AS MOOT, that Plaintiff's Motion Requesting Spears vs. McCotter Hearing (Dkt. #67) is DENIED, and Plaintiff's claims against Defendants Medical City Denton, Denton County Detention Center/Jail, and all other named defendants, are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.