-KFG Hamilton v. UPS, et al, No. 1:2011cv00240 - Document 19 (E.D. Tex. 2012)

Court Description: MEMORANUMD ORDER OF DISMISSAL. The Court ORDERS that the 18 Report and Recommendations is ADOPTED. The Court further ORDERS that the dfts' motions to dismiss [doc #6 and doc #7] are GRANTED. The pla's claims are DISMISSED in their entirety w/prejudice for failure to state a claim and improper venue. All pending motions not addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and parties. Signed by Judge Ron Clark on 3/7/12. (pkb, )

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-KFG Hamilton v. UPS, et al Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LOUIS CHARLES HAMILTON, II, Plaintiff, v. UNITED PARCEL SERVICE, INC., a/k/a UPS, and CVS/CAREMARK CORP., Defendants. § § § § § § § § § § § CIVIL ACTION NO. 1:11-CV-240 MEMORANDUM ORDER OF DISMISSAL Pending before the Court are the defendant UPS’s motion to dismiss for failure to state a claim [doc. #6] and motion to dismiss for improper venue [doc. #7]. The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions. The Court has received and considered the report of the United States Magistrate Judge, along with the record and pleadings. The magistrate judge recommended that the Court grant the motions to dismiss. Judge Giblin also recommended that the Court dismiss the plaintiff’s claims for improper venue and failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(3) and 12(b)(6). No party has objected to the report and recommendation. After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted. Based upon the magistrate judge’s findings of fact and recommended disposition, the Court ORDERS that the report and recommendation [doc. #18] is ADOPTED. The Court further ORDERS that the defendants’ motions to dismiss [doc. #6 and doc. #7] are GRANTED. The plaintiff’s claims are DISMISSED in their entirety, with prejudice, for failure to state a claim and improper venue. The Clerk is directed to CLOSE this civil action. All pending motions not Dockets.Justia.com addressed herein are DENIED as MOOT. This is a final judgment disposing of all claims and parties. So ORDERED and SIGNED this 7 day of March, 2012. ___________________________________ Ron Clark, United States District Judge 2

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