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Bird v. Fletcher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
Jun 2, 2020
CASE NUMBER 9:19-CV-00220-RC (E.D. Tex. Jun. 2, 2020)

Opinion

CASE NUMBER 9:19-CV-00220-RC

06-02-2020

MICHAEL BIRD, Plaintiff, v. PAM FLETCHER, 349TH DISTRICT JUDGE; SARAH CLARK, HOUSTON COUNTY COURT AT LAW JUDGE; WILLIAM PEMBERTON, TRIAL ATTORNEY; OFFICE OF THE ATTORNEY GENERAL, CHILD SUPPORT DIVISION; AND DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, CHILD PROTECTIVE SERVICES, Defendants.


**NOT FOR PRINTED PUBLICATION**

ORDER ACCEPTING REPORT AND RECOMMENDATION GRANTING DEFENDANTS' MOTIONS TO DISMISS

On November 25, 2019, pro se Plaintiff Michael Bird ("Bird") filed this lawsuit against Defendants Pam Fletcher, 349th District Judge, William Pemberton, Sarah Clark, Houston County Court at Law Judge, Department of Family and Protective Service, and Office of the Attorney General Child Support Division. On May 1, 2020, United States Magistrate Judge Zack Hawthorn entered a report (Doc. No. 34), which recommended granting the Defendants' motions to dismiss (Doc. No. 10, 11, 12, 20) because Bird's claims are barred by judicial immunity, Eleventh Amendment immunity, and the Rooker-Feldman Doctrine, and that the court should decline to exercise supplemental jurisdiction over Bird's negligence claim. This court agrees with these recommendations. Bird failed to file objections to the magistrate judge's report and recommendation and the time for doing so has passed.

It is, therefore, ORDERED that the magistrate judge's report and recommendation (Doc. No. 34) is ACCEPTED. Accordingly, the Defendants' motions to dismiss (Doc. No. 10, 11, 12, 20) are GRANTED and Bird's complaint is DISMISSED.

A final judgment will be entered separately.

So ORDERED and SIGNED, Jun 02, 2020.

/s/_________

Ron Clark

Senior Judge


Summaries of

Bird v. Fletcher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
Jun 2, 2020
CASE NUMBER 9:19-CV-00220-RC (E.D. Tex. Jun. 2, 2020)
Case details for

Bird v. Fletcher

Case Details

Full title:MICHAEL BIRD, Plaintiff, v. PAM FLETCHER, 349TH DISTRICT JUDGE; SARAH…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

Date published: Jun 2, 2020

Citations

CASE NUMBER 9:19-CV-00220-RC (E.D. Tex. Jun. 2, 2020)

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