Burgess v. Cox et al
| Nathan E Burgess |
| G.M. Cox, Jennifer DeCurtis, James Fisher, Jim Hermes and Andy Messer |
| 4:2014cv00466 |
| July 14, 2014 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Ron Clark |
| Amos L. Mazzant |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
137
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 117 Report and Recommendation, 116 Report and Recommendation, 115 Report and Recommendation, 110 Report and Recommendation. Having considered each of Plaintiff's timely-filed objections (Dkts. #127, 128, 129, 130), Defendants' responses (Dkts. #132, 133), and having conducted a de novo review, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's reports (Dkt. #110, 115, 116, 117) as the findings and conclusions of the Court. Accordingly, it is ORDERED that Judge Barnett Walker and Deputy Danny Jones' Motion to Dismiss and Brief in Supp ort Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #52), Chief Deputy Constable Lonnie Simmons' Motion to Dismiss and Brief in Support Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #64), Defendants City of Murphy, City of Murphy Police Lieutenant Ad ana Barber, City of Murphy Police Officer Joseph Wetzel, and City of Murphy Code Compliance Supervisor David Gensler's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Dkt. #67), and Defendants City of Murphy City Manage r James Fisher, Murphy Chief of Police G.M. Cox, Police Sergeant Jim Hermes, City Attorney Andy Messer,and Assistant City Attorney Jennifer DeCurtis' Motion to Dismiss Amended Complaint (Dkt. #92) are GRANTED, Defendants' alternative Mo tions for Summary Judgment are DENIED as moot (Dkts. #67, 92), and Plaintiff's claims against all Defendants are DISMISSED with prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). It is further ORDERED th at Officer Kris Riebschlager's Motion to Dismiss (Dkt. #112) and Officer Michael Palko's Motion to Dismiss (Dkt. #113) are GRANTED, and their alternative Motions for Summary Judgment (Dkts. #112, 113) are DENIED as moot. Plaintiff' ;s claims against these Defendants are likewise DISMISSED with prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). It is further ORDERED that Plaintiff's Motion for Clarification (Dkt. #131) is DENIED as mo ot. All relief not previously granted is DENIED, including specifically Defendant Simmons, Walker, and Jones' Motion to Reconsider Order Denying Their Motion for Sanctions (Dkt. #120), the Murphy Defendants' Motion to Reconsider Order Denying Motion for Sanctions (Dkt. #122), and all Murphy Defendants' Agreement to Permanent Stay (By Disposition), Motion for Plaintiff's Frivolous Consolidation, and Sanctions (Dkt. #135). Signed by Judge Amos L. Mazzant, III on 9/21/2015. (kls, )
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