Velazquez v. Baker et al, No. 5:2020cv00078 - Document 28 (N.D. Tex. 2021)

Court Description: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RE: 22 Findings and Recommendations RE: 1 Complaint, filed by Phillip M. Velazquez. Defendant Durham's motion to dismiss (Dkt. No. 17 ) is denie d. The Court will enter a separate scheduling order, setting forth dates for pretrial deadlines and filing dispositive motions as to Plaintiffs remaining excessive use-of-force claims against Defendant Durham. Plaintiff's motion to prevail on claims for malicious prosecution (Dkt. No. 24 ), is denied as moot.The caption of this case should be changed to reflect that Hannah Durham isthe only remaining defendant. (Ordered by Judge James Wesley Hendrix on 3/3/2021) (krr)