Alaniz v. Lowe, 7:18-cv-00141-M-BP. (2019)
Court: District Court, N.D. Texas
Number: infdco20190709d24
Visitors: 10
Filed: Jul. 08, 2019
Latest Update: Jul. 08, 2019
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN , Chief District Judge . The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN , Chief District Judge . The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED ..
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M.G. LYNN, Chief District Judge.
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
It is therefore ORDERED that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE against Defendants in their official capacities for lack of subject matter jurisdiction and DISMISSED WITH PREJUDICE against Defendants in their individual capacities for failure to state a claim. To the extent Plaintiff's claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994), those claims are DISMISSED WITH PREJUDICE, but Plaintiff is permitted to reassert those claims when the conditions under Heck are met.
SO ORDERED.
Source: Leagle
