Metcalf v. De Los Santos et al, No. 3:2012cv01815 - Document 15 (N.D. Tex. 2012)

Court Description: ORDER ACCEPTING 12 Findings and Recommendations on Case. Plaintiff's claims against Ricardo De Los Santos, the Johnson County Law Enforcement Center, and the Guinn Justice Center are summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2). His claims against unnamed state actors for false arrest and malicious prosecution are STAYED until the state criminal charges against plaintiff are finally resolved. (Ordered by Senior Judge A. Joe Fish on 8/8/2012) (cea)

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Metcalf v. De Los Santos et al Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHN BENTLY METCALF, Plaintiff, VS. RICARDO DE LOS SANTOS, ET AL., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:12-CV-1815-G (BD) ORDER The United States Magistrate Judge made findings, conclusions and a recommendation in this case. Plaintiff filed objections, and the district court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the court ACCEPTS the findings, conclusions and recommendation of the United States Magistrate Judge. Plaintiff’s claims against Ricardo De Los Santos, the Johnson County Law Enforcement Center, and the Guinn Justice Center are summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2). His claims against unnamed state actors for false arrest and malicious prosecution are STAYED until the state criminal charges Dockets.Justia.com against plaintiff are finally resolved. The clerk is instructed to ADMINISTRATIVELY CLOSE this case for statistical purposes. Once the state criminal proceedings against plaintiff are concluded, plaintiff may file a motion to reopen the case. SO ORDERED. August 8, 2012. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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