Robinson v. Caraway

Full title: JAMES MATTHEW ROBINSON, Plaintiff, v. JUSTIN CARAWAY,et al., Defendants.

Court: United States District Court, E.D. Texas, Marshall Division

Date published: Oct 17, 2023

2:20-cv-00111-JRG-RSP (E.D. Tex. Oct. 17, 2023)

Opinion

2:20-cv-00111-JRG-RSP

10-17-2023

JAMES MATTHEW ROBINSON, Plaintiff, v. JUSTIN CARAWAY,et al., Defendants.

RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

ORDER

RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

Defendants Calvin Boyd, Burnet County, Texas, Justin Caraway, Mike Cummings, Hamilton County, Texas, Matt Kimbler, and Ray Miller (“Defendants”) previously filed a Motion to Dismiss Plaintiff's Third Amended Complaint (Dkt. No. 24.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 30), superseded by a Supplemental Report and Recommendation (Dkt. No. 37), recommending grant in part of Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint. James Matthew Robinson has now filed Objections to the Supplemental Report and Recommendation (Dkt. No. 41), with Defendants filing a Response (Dkt. No. 42.)

After conducting a de novo review of the briefing on the Motion to Dismiss Plaintiff's Third Amended Complaint, the Supplemental Report and Recommendation, and the briefing on James Matthew Robinson's Objections, the Court agrees with the reasoning provided within the Supplemental Report and Recommendation and concludes that the Objections fail to show that the Supplemental Report and Recommendation was erroneous. Consequently, the Court OVERRULES James Matthew Robinson's Objections and ADOPTS the Report and Recommendation, and ORDERS that the Motion to Dismiss Plaintiff's Third Amended

Complaint (Dkt. No. 24) is GRANTED-IN-PART and DENIED-IN-PART as follows:

1) The motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(3) or alternatively to transfer pursuant to 28 U.S.C. § 1404(a) is DENIED.

2) The motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) based on the statute of limitations is DENIED.

3) The motion to dismiss Sheriff Caraway and Lt. Miller is DENIED as they are not entitled to qualified immunity.

4) The motion to dismiss as to Rathburn, Boyd, Cummings, and Kimbler is GRANTED as they are entitled to qualified immunity.

5) The motion to dismiss is DENIED as to Hamilton County and GRANTED as to Burnet County.

So ORDERED