Farber v. City of Gainesville

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
BETHANY KALEY FARBER,
Plaintiff,
v.
CITY OF GAINESVILLE, et al.
Defendants.
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Civil Action No. 4:23-cv-00552
Judge Mazzant/Judge Davis
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 February 2, 2026, the Magistrate Judge entered a Report and Recommendation (Dkt. #22) that
Defendant City of Gainesville’s Motion to Dismiss (Dkt. #16) be granted.
Having received the report of the United States Magistrate Judge, and no timely objections
being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
It is therefore ORDERED that Defendant City of Gainesville’s Motion to Dismiss
(Dkt. #16) is hereby GRANTED.
It is FURTHER ORDERED that Plaintiff Bethany Kaley Farber’s claims against
Defendant City of Gainesville are DISMISSED WITH PREJUDICE.
It is FURTHER ORDERED that Plaintiff Farber’s claims against the 100 Does are
DISMISSED WITHOUT PREJUDICE.
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It is FURTHER ORDERED that, within 14 days of the docketing of this order, Plaintiff
Farber may file a second amended complaint, if possible. If she fails to timely file a second amended
complaint, the case will be dismissed with prejudice.
IT IS SO ORDERED.
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