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govinfo:USCOURTS-txed-4_25-cv-00973-0

U.S. District Court for the Eastern District of Texas · 2026-09-30

· GavelSight synced 2026-11-10 16:05:51

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
SHERMAN DIVISION 
 
ERIC ELLIS 
 
v.  
 
TOWN OF NORTHLAKE, ET AL. 
 
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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 
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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. 
 
 
 
 
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