Opinion
CIVIL ACTION NO. 3:03-CV-2030-R
December 8, 2003
ORDER
After making the review required by 28 U.S.C. § 636(b), the Court finds that the Findings, Conclusions, and Recommendation of United States Magistrate Judge Irma Carrillo Ramirez, filed November 11, 2003, are correct, and they are adopted as the findings and conclusions of the Court. Plaintiffs Amended Memorandum of Law in Objection to the Court's Findings Conclusions or Recommendations (filed December 2, 2003) have been considered by this Court and are hereby DENIED.
Accordingly, Defendants' Rule 12(b)(6) Motion to Dismiss and Rule 9(b) Motion to Plead Fraud Charges with Specificity, filed September 29, 2003, is GRANTED. Plaintiffs claims under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution are hereby DISMISSED WITH PREJUDICE, and Plaintiffs state law claims for negligence, entrapment, nuisance, malfeasance, conspiracy, fraud, criminal libel, tampering with physical evidence, defamation, and violations of the Texas Deceptive Trade Practices Act are hereby DISMISSED WITHOUT PREJUDICE.