Filed: Jul. 17, 2018
Latest Update: Jul. 17, 2018
Summary: MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , 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 United States Magistrate Judge pursuant to 28 U.S.C. 636. On June 22, 2018, the report of the Magistrate Judge was entered (Dkt. #125) containing proposed findings of fact and recommendations that all claims between Adult Plaintiffs Da
Summary: MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , 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 United States Magistrate Judge pursuant to 28 U.S.C. 636. On June 22, 2018, the report of the Magistrate Judge was entered (Dkt. #125) containing proposed findings of fact and recommendations that all claims between Adult Plaintiffs Daj..
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MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT, 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 United States Magistrate Judge pursuant to 28 U.S.C. § 636. On June 22, 2018, the report of the Magistrate Judge was entered (Dkt. #125) containing proposed findings of fact and recommendations that all claims between Adult Plaintiffs Dajerria Becton (formerly identified as D.B., a minor child) and D.B.'s former next friend Shashona Becton, Zach Twa (Twagirayesu), Trey Twa (Twagirayesu) (formerly identified as T.S.T., a minor child) and T.S.T.'s former next friend Mwaka Twagirayesu, Andrew Kimani, Dajah Asatira Bakari (formerly identified as D.A.B., a minor child) and former next friend Dana Bakari, and Ladariene Michelle McKever (formerly identified as L.M.M., a minor child) and former next friend Yolondra McKever (collectively, the "Adult Plaintiffs") and Defendants David Eric Casebolt's ("Casebolt") and City of McKinney (the "City") (collectively, "Defendants") be dismissed with prejudice pursuant to the parties' Partially Agreed and Partially Unopposed Motion to Dismiss (Dkt. #123).
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, 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.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that the Partially Agreed and Partially Unopposed Motion to Dismiss (Dkt. #123) is GRANTED, and all of the claims asserted by the Adult Plaintiffs against Defendants are DISMISSED WITH PREJUDICE. Each party shall bear its own attorneys' fees and costs.
It is further ORDERED, ADJUDGED, AND DECREED that Defendant Casebolt's Motion to Dismiss (Dkt. #89) is DENIED AS MOOT. Minor Plaintiff J.K.B.'s claims shall remain pending at this time.
IT IS SO ORDERED.
