Opinion
Civil Action No. 4:15-cv-872-O
08-23-2017
CAROLOS E CASAS, Plaintiff, v. CITY OF FORT WORTH POLICE DEPARTMENT Defendant.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case (ECF No. 65), filed May 17, 2017. No objections were filed, and the Magistrate Judge's recommendation is ripe for review. The District Judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge (ECF No. 65) are correct and they are ADOPTED as the Findings and Conclusions of the Court.
Accordingly, it is ORDERED that the following motions to dismiss (which were converted to motions for summary judgment) be GRANTED and all claims against Defendants Serrano, Humphries, and Branch be DISMISSED: (1) Defendant Serrano's Motion to Strike Proof of Service and to Dismiss for Failure to State a Claim (ECF No. 24), filed March 1, 2017; (2) Defendant Branch's Motion to Quash and Motion to Dismiss (ECF No. 29), filed March 3, 2017; (3) Defendant Branch's Motion to Dismiss Second Amended Complaint (ECF No. 46), filed April 3, 2017; (4) Defendant Serrano's Motion to Dismiss for Failure to State a Claim (ECF No. 49), filed April 5, 2017; and (5) Defendant Humphries Motion to Dismiss (ECF No. 59), filed April 28, 2017.
It is further ORDERED the following motions be DENIED: (1) Plaintiff's Amended Motion to Extend Time to Serve Brian C. Humphries (ECF No. 27), filed March 3, 2017 and (2) Plaintiff's Motion for Leave to Re-Serve Officer P. Branch (ECF No. 28), filed March 3, 2017.
All individual Defendants' motions are GRANTED, all claims against the individual Defendants (Serrano, Humphries, and Branch) are DISMISSED without prejudice, and Plaintiff's motions are DENIED.
SO ORDERED on this 23rd day of August, 2017.
/s/ _________
Reed O'Connor
UNITED STATES DISTRICT JUDGE