Toliver v. Gutierrez et al, No. 3:2020cv03109 - Document 10 (N.D. Tex. 2020)
Court Description: Order Accepting 8 Supplemental Findings and Recommendations re: 3 Complaint, filed by Andrew Toliver. The Court therefore DISMISSES the construed civil rights complaint [Dkt. No. 5 ] with prejudice under 28 U.S.C. § 1915(e)(2)(B)( ii) and DIRECTS the Clerk of Court to OPEN for statistical purposes a new action under 42 U.S.C. § 1983 NOS 550, directly assigned to the undersigned and Magistrate Judge Horan and to CLOSE the same. (Ordered by Judge Ada Brown on 11/12/2020) (ndt)
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Toliver v. Gutierrez et al Doc. 10 Case 3:20-cv-03109-E-BN Document 10 Filed 11/12/20 Page 1 of 1 PageID 89 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ANDREW TOLIVER, TDCJ No. 1715875, Petitioner, V. DAVID GUTIERREZ and BRIAN COLLIER, Respondents. § § § § § § § § § § § No. 3:20-cv-3109-E ORDER ACCEPTING SUPPLEMENTAL FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made supplemental 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 Supplemental Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court therefore DISMISSES the construed civil rights complaint [Dkt. No. 5] with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) and DIRECTS the Clerk of Court to OPEN for statistical purposes a new action under 42 U.S.C. § 1983 – NOS 550, directly assigned to the undersigned and Magistrate Judge Horan – and to CLOSE the same. SO ORDERED this 12th day of November, 2020. ____________________________________ ADA BROWN UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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