Christoph v. Young et al, No. 3:2012cv02152 - Document 32 (N.D. Tex. 2014)
Court Description: Order Accepting 30 Findings and Recommendations: After considering the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court dismisses with prejudice Plaintiff's claims under 42 U.S.C. § 1983 for alleged Fourth and Fourteenth Amendment violations pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which r elief may be granted. The court will allow Plaintiff's First Amendment freedom of expression claim against Sergeant C. Young to proceed and directs the United States Marshal to effect service on Sergeant C. Young in accordance with Federal Rule of Civil Procedure 4(c)(3) by serving a copy of a summons, Plaintiff's Complaint, and this order. (Ordered by Judge Sam A Lindsay on 10/7/2014) (cea)
Download PDF
<![CDATA[
Christoph v. Young et al Doc. 32 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RAYMOND CHRISTOPH, Plaintiff, v. C. YOUNG, et al., Defendants. § § § § § § § § § Civil Action No. 3:12-CV-2152-L ORDER Upon remand from the Fifth Circuit Court of Appeals, Magistrate Judge David L. Horan entered Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on August 22, 2014, recommending that the court: (1) dismiss Plaintiff’s claims under 42 U.S.C. § 1983 for alleged Fourth and Fourteenth Amendment violations pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; and (2) allow Plaintiff’s First Amendment claim against Sergeant C. Young to proceed. The magistrate judge also recommends that the United States Marshal effect service on Sergeant C. Young pursuant to Federal Rule of Civil Procedure 4(c)(3). No objections to the court were filed. After considering the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court dismisses with prejudice Plaintiff’s claims under 42 U.S.C. § 1983 for alleged Fourth and Fourteenth Amendment violations pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The court will allow Plaintiff’s First Amendment freedom of expression claim against Sergeant C. Young to proceed and directs the Order - Page 1 Dockets.Justia.com United States Marshal to effect service on Sergeant C. Young in accordance with Federal Rule of Civil Procedure 4(c)(3) by serving a copy of a summons, Plaintiff’s Complaint, and this order. It is so ordered this 7th day of October, 2014. _________________________________ Sam A. Lindsay United States District Judge Order - Page 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
