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Bullard v. Texas Dep't of Aging & Disability Servs.

United States District Court, E.D. Texas, Tyler Division

December 12, 2013

TERESA BULLARD, Plaintiff,
v.
TEXAS DEPARTMENT OF AGING & DISABILITY SERVICES, et al., Defendants

Page 700

Teresa Bullard, Plaintiff, Pro se, Tyler, TX.

For Texas Department of Aging & Disability Services, Lance Duckworth, Velvet Archield, Defendants: Melissa Ruth Holman, LEAD ATTORNEY, Texas Attorney General, Austin, TX.

Page 701

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

LEONARD DAVIS, UNITED STATES DISTRICT JUDGE.

The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this case has been presented for consideration. The Report and Recommendation (Doc. No. 22) recommends that the claims of Teresa Bullard be dismissed with prejudice. An acknowledgment of receipt card (Doc. No. 24) reveals that Ms. Bullard received the Report and Recommendation on August 5, 2013. On September 11, 2013, Ms. Bullard filed a motion that was construed as a Motion for an Extension of Time to File a Response/Reply to the Report and Recommendation (Doc. No. 27). Due to Ms. Bullard's heath concerns, the motion was granted (Doc. No. 30) and she was given until October 18, 2013 to submit her objections to the Report and Recommendation.

Page 702

On October 29, 2013, Ms. Bullard filed another motion requesting an extension of time to object to the Report and Recommendation (Doc. No. 31). The second extension was also granted and Ms. Bullard was given 15 days from receipt of the Order (Doc. No. 32) to file her objections. An acknowledgement of receipt card (Doc. No. 33) shows that Ms. Bullard received the Order on November 5, 2013. No written objections have been filed. The Court therefore adopts the findings and conclusions of the Magistrate Judge as those of the Court.

In light of the foregoing, it is

ORDERED that the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) is GRANTED and the claims of Teresa Bullard are DISMISSED with prejudice.

Any motion not previously ruled ...


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