Morgan v. Texas Department of State Health Services, No. 3:2017cv00897 - Document 30 (N.D. Tex. 2017)

Court Description: ORDER denying without prejudice as moot 21 Motion to Dismiss; adopting Report and Recommendations re 24 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 11/30/2017) (Judge Sidney A Fitzwater)
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Morgan v. Texas Department of State Health Services Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION NORRIS MORGAN, Plaintiff, VS. TEXAS DEPARTMENT OF STATE HEALTH SERVICES, Defendant. § § § § § § § § § § Civil Action No. 3:17-CV-0897-D ORDER In her November 2, 2017 findings, conclusions, and recommendation, the magistrate judge recommended that if plaintiff filed a timely amended complaint, defendant’s July 28, 2017 motion to dismiss should be denied as moot. After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted. Because plaintiff filed an amended complaint on November 14, 2017, defendant’s July 28, 2017 motion to dismiss is denied without prejudice as moot. SO ORDERED. November 30, 2017. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE Dockets.Justia.com