Contreras v. Zeke et al, No. 5:2021cv00038 - Document 38 (N.D. Tex. 2022)

Court Description: Order Adopting Findings and Recommendations re: 36 Report and Recommendation on re: 1 Complaint filed by Matthew Contreras. It is ORDERED that Plaintiff's claims against Defendants Zeke and Taylor are dismissed without prejudice Pursu ant to Rule 4(m). Defendant Wauson's Motion to Dismiss (Doc. 31) is GRANTED Plaintiff's official-capacity claims, if any, against Defendant Wauson are dismissed with prejudice for failure to state a claim. There is no just reason for de lay in entering a final judgment and final judgment shall be entered as to the above-named Defendants and claims pursuant to Federal Rule of Civil Procedure 54(b). Final Judgment will be entered accordingly. As to the remaining individual-capacity claim against Defendant Wauson, the Court will separately enter a limited scheduling order for the purpose of making a preliminary determination on qualified immunity. (Ordered by Senior Judge Sam R Cummings on 8/1/2022) (bdg)
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Contreras v. Zeke et al Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION MATTHEW CONTRERAS, $ Institutional ID No. 23 19954 $ $ Plaintifl $ $ $ CIVIL ACTION NO. 5:21-CV-00038-C $ SGT. ZEKE, et al., $ $ Defendants $ ORDER The United States Magistrate Judge entered his Report and Recommendation on March 9, 2022, recommending that the Court (1) dismiss Defendants Zeke and Taylor pursuant to Federal Rule of civil Procedure a(m); (2) grant Defendant wauson's motion to dismiss (Doc. 3l) and dismiss any official-capacity claim against Wauson; and (3) enter a limited scheduling order, requiring Defendant wauson to file a motion for summary judgment for the purpose of making a preliminary determination on qualified immunity' (Doc. 36). No objections were filed' The Court reviewed the Report and Recommendation of the Magistrate Judge for plain error. Finding none, the Court ADOPTS the findings, conclusions, and recommendation ofthe United States Magistrate Judge. It is therefore ORDERED: 1. Plaintiff s claims against Defendants zeke and Taylor are dismissed without prejudice Pursuant to Rule 4(m). 2. Defendant Wauson's Motion to Dismiss (Doc. 31) is GRANTED Plaintiff s official-capacity claims, if any, against Defendant Wauson are dismissed with prejudice for failure to state a claim. Dockets.Justia.com J. There is no just reason for delay in entering a final judgment and final judgment shall be entered as to the above-named Defendants and claims pursuant to Federal Rule of Civil Procedure 54(b). Final Judgment will be entered accordingly. As to the remaining individual-capacity claim against Defendant Wauson, the Cou( separately enter a limited scheduling order for the purpose of making a preliminary determination on qualifi ed immunity. DatedAugust / ,2022. 44'7'-2'' I R. Senior U MINGS udge d States I 2 will