Hutchinson v. Box

Full title: GALE C. HUTCHINSON v. TERRY BOX, SHERIFF OF COLLIN COUNTY, ET AL

Court: United States District Court, E.D. Texas, Sherman Division

Date published: Feb 17, 2011

CIVIL ACTION NO. 4:10cv240 (E.D. Tex. Feb. 17, 2011)

Opinion

CIVIL ACTION NO. 4:10cv240.

February 17, 2011

ORDER ADOPTING REPORT AND RECOMMENDATION

RICHARD SCHELL, District Judge

The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Don D. Bush, who issued a Report and Recommendation concluding that the Motions to Dismiss (docket entries #67 72) filed by the Collin County Sheriff's Department and the Denton County Sheriff's Department should be granted with regard to the two Sheriff's Departments (the "Non-Jural Entity Defendants") and that they be dismissed from this lawsuit. 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 same as the findings and conclusions of the Court. It is therefore

ORDERED that the Collin County Sheriff's Department's motion to dismiss (docket entry #67) and the Denton County Sheriff's Department's motion to dismiss (docket entry #72) are hereby GRANTED. The Collin County and Denton County Sheriff's Departments are hereby DISMISSED from this lawsuit pursuant to Fed.R.Civ.P. 12(b)(6) and 42 U.S.C. § 1997e(c).

SIGNED this the 17th day of February, 2011.