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16-098 - Walker v. Trinity Oil and Gas Company


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16-098 - Walker v. Trinity Oil and Gas Company
December 12, 2016
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REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS: The undersigned RECOMMENDS that Judge O'Connor GRANT in part and DENY in part Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim (ECF No. 21). He should DISMISS with prejudice the claims for alleged violations of federal law under 30 U.S.C. §§ 1701, 1732, the Fourth and Fourteenth Amendments to the Constitution, and 42 U.S.C. §§ 1981, 1985(2), and 1986 (ECF No. 12) for failure to state a claim upon which relief may be granted. Furthermore, he should DISMISS the remaining claim for the alleged violation of the Texas DTPA (ECF No. 12) without prejudice on jurisdictional grounds. Finally, the undersigned RECOMMENDS that Judge O'Connor DISMISS Plaintiff's Motion for Jury Trial Setting (ECF No. 26) as moot. (Ordered by Magistrate Judge Hal R Ray, Jr on 12/12/2016) (plp)
January 13, 2017
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is ORDERED that the findings, conclusions, and recommendation of the United States Magistrate Judge 28 are accepted as the findings of the Court. Plaintiff's claims for alleged violations of federal law under 30 U.S.C. §§ 1701, 1732, the Fourth and Fourteenth Amendments to the Constitution, and 42 U.S.C. §§ 1981, 1985(2), and 1986 12 are hereby DISMISSED with prejudice for failure to state a claim. Further, Plaintiff's remaining claim for alleged violation of the Texas DTPA 12 is DISMISSED without prejudice on jurisdictional grounds. Further, Plaintiff's Motion for Jury Trial Setting 26; Motion for Leave to File Out of Time 29; Motion to Stay Report and Recommendation of Magistrate 30; and Motion for Leave to File Third Amended Complaint 31 are DISMISSED as moot. (Ordered by Judge Reed C. O'Connor on 1/13/2017) (skg)