Lopez v. Dart Officer, No. 3:2012cv00512 - Document 12 (N.D. Tex. 2012)

Court Description: ORDER ACCEPTING 10 Findings and Recommendations. Accordingly, the court dismisses this case as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B). (Ordered by Judge Sam A Lindsay on 6/18/2012) (ctf)

Download PDF
Lopez v. Dart Officer Doc. 12 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION OSIRIS E. LOPEZ, Plaintiff, v. DART OFFICER, et al., Defendants. § § § § § § § § § Civil Action No. 3:12-CV-0512-L ORDER Before the court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, filed May 21, 2012. Plaintiff did not file any objections. Osiris Lopez (“Plaintiff”) filed this pro se action pursuant to 42 U.S.C. § 1981 (prohibiting race discrimination), 18 U.S.C. § 1512 (prohibiting witness tampering), 18 U.S.C. § 3771 (the Crime Victims Rights Act), and either the Texas Whistleblower’s Act or the federal Whisteblower Protection Act. Plaintiff asserts that on February 9, 2012, while riding the DART train, he was stopped by DART officers who checked whether he had the appropriate fare and was given a citation without having the opportunity to explain that he was with a homeless program. He seeks redress based on the failure of the state court system and the welfare system to provide proper fare and identification for homeless persons. The magistrate judge concluded that Plaintiff has not pleaded enough facts to state a plausible claim under any of the abovementioned statutes. Further, 18 U.S.C. § 1512 and 18 U.S.C. § 3771 do not provide for a private right of action. The magistrate judge recommends that this case be dismissed as frivolous. Order – Page 1 Dockets.Justia.com Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. They are therefore accepted as those of the court. Accordingly, the court dismisses this case as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B). It is so ordered this 18th day of June, 2012. _________________________________ 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.