Boatwright v. Sadberry et al, No. 3:2021cv00182 - Document 29 (N.D. Tex. 2021)
Court Description: Order Adopting 17 Findings and Recommendations. Plaintiff's custody claims are DISMISSED with prejudice as frivolous and duplicative. Plaintiff's conspiracy claims are DISMISSED with prejudice as frivolous and for failure to state a c laim. Further, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, if any, and those claims are DISMISSED without prejudice. Plaintiff is WARNED that if she persists in the filing of frivolous or baseless cases, or cases that fail to state a claim, the Court may impose monetary sanctions and/or bar her from bringing any further actions. (Ordered by Senior Judge Sam R Cummings on 2/23/2021) (mjr)
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Boatwright v. Sadberry et al Doc. 29 Case 3:21-cv-00182-C-BK Document 29 Filed 02/23/21 Page 1 of 2 PageID 458 IN THE UNITED STATES DISTzuCT COURT FOR THE NORTHERN DISTzuCT OF TEXAS DALLAS DIVISION SHANNON BRIANNA BOATWRIGHT. Plaintiff, ) ) ) ) ) ) BRENDA SADBERRY, et al, Defendant. ) ) ) Civil Action No. 3:21-CV- I 82-C-BK ORDER Before the Court are the Findings, Conclusions, and Recommendation ofthe United States Magistrate Judge therein recommending that Plaintiff s complaint be summarily dismissed. Plaintiffhas failed to file objections to the Magistrate Judge's Findings, Conclusions, and Recommendation and the time to do so has now expired. The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court.r For the reasons slaled therein, Plaintiff s custody claims are DISMISSED with prejudice as frivolous and duplicative. Plaintiff s conspiracy claims are DISMISSED with prejudice a as frivolous and for failure to state claim. Further, the Court declines to exercise supplemental jurisdiction over Plaintiffs state law claims, if any, and those claims are DISMISSED without prejudice. Plaintiff is WARNED I The Court notes that Plaintiff filed an amended complaint after the Magistrate Judge issued her Findings, Conclusions, and Recommendation. However, the Court finds that Plaintiffs amended cornplaint has no effect upon the determination that this case is frivolous and that Plaintiff has failed to state a claim upon which relief may be granted. Dockets.Justia.com Case 3:21-cv-00182-C-BK Document 29 Filed 02/23/21 Page 2 of 2 PageID 459 that if she persists in the filing of frivolous or baseless cases, or cases that fail to state a claim, the Court may impose monetary sanctions and/or bar her from bringing any further actions. See Fed. R. Civ. P. I l. SO ORDERED this "& day of February, 2021 ,/ . 4,?'r'rr74 R CS STATES JUDGE I 2 )
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