Opinion
CIVIL ACTION NO. 9:17-CV-00029-RC
03-11-2019
JODY WAYNE PICKETT, Plaintiff, v. SYDNEY MURPHY, COUNTY OF POLK, JOHN DOE 1-5, JANE DOE 1-5, WILLIAM LEE HON, Defendants.
**NOT FOR PRINTED PUBLICATION**
ORDER ADOPTING REPORT AND RECOMMENDATION
The court has received and considered the report and recommendation of the magistrate judge (Doc. No. 26), which recommends granting Defendants Sydney Murphy's (Murphy) and William Lee Hon's (Hon) "Motions to Dismiss." Doc. Nos. 23, 25. As explained in Judge Hawthorn's report, Murphy and Hon are entitled to absolute immunity. See Doc. No. 26. The report also recommended denying as moot Plaintiff Jody Wayne Pickett's (Pickett) "Motion for Leave to File a More Definite Statement" (Doc. No. 10), because Pickett previously filed his "Notice of More Definite Statement" (Doc. No. 11) in which Pickett has already pleaded his "best case." See Jacquez v. Procunier, 801 F.2d 789, 793 (5th Cir. 1986).
No objections were filed 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. 26) is ADOPTED and that Murphy's and Hon's "Motions to Dismiss" (Doc. Nos. 23, 25) are GRANTED. Pickett's claims against Murphy and Hon are DISMISSED WITH PREJUDICE.
It is further ORDERED that Pickett's "Motion for Leave to File a More Definite Statement" (Doc. No. 10) is DENIED as moot. See Doc. No. 11.
A final judgment will be entered separately.
So ORDERED and SIGNED March 11, 2019.
/s/_________
Ron Clark, Senior District Judge