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govinfo:USCOURTS-txed-4_25-cv-00973-0
1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION ERIC ELLIS v. TOWN OF NORTHLAKE, ET AL. § § § § § CIVIL NO. 4:25-CV-00973-SDJ-BD MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action , this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On July 6, 2026, the Magistrate Judge entered proposed findings of fact and a recommendation (the “Report”), (Dkt. #50), that the Defendants’ Motions to Dismiss, (Dkts. # 16, 23) , be granted, Plaintiff Eric Ellis’s (“Plaintif f”) Motions for Default and Default Judgment, (Dkts. #19, 30, 38), be denied, and Plaintiff’s Motion for Judgment on the Pleadings, (Dkt. #6), be dismissed as moot . Plaintiff filed Objections, (Dkt. #55), to the Report. The Court conducted a de novo review of the Objections and the portions of the Report to which Plaintiff specifically objects, and the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and that the Objections are without merit as to the ultimate findings of the Magistrate Judge. The Court hereby adopts the findings and conclusions of t he Magistrate Judge as the findings and conclusions of the Court. IT IS ORDERED that the Motion s to Dismiss, (Dkt s. #16, 23), are GRANTED, the Motions for Default and Default Judgment, (Dkts. #19, 30, 38), are Case 4:25-cv-00973-SDJ-BD Document 57 Filed 09/30/26 Page 1 of 2 PageID #: <pageID> 2 DENIED, the Motion for Judgment on the Pleadings, (Dkt. #6), is DISMISSED as moot, and the Complaint, (Dkt. #14), is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that, within fourteen days of the docketing of this memorandum, Plaintiff may file an Amended Complaint correcting the deficiencies identified in the Report. If he fails to do so, the case will be dismissed with prejudice. Case 4:25-cv-00973-SDJ-BD Document 57 Filed 09/30/26 Page 2 of 2 PageID #: <pageID>