Polk v. Dickens

Full title: J.P. POLK, JR. Plaintiff, v. H. DICKENS, ET AL. Defendants

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Feb 2, 2001

No. 3-00-CV-2818-G (N.D. Tex. Feb. 2, 2001)

Opinion

No. 3-00-CV-2818-G

February 2, 2001

ORDER

FISH, U.S.D.J.

After making an independent review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge, I am of the opinion that the Findings and Recommendation of the Magistrate Judge are correct and they are adopted as the Findings of the Court.

ORDER

This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,

It is ORDERED that:

1. Plaintiff is allowed to prosecute his claim based on wrongful arrest against Officer H. Dickens. The other claims are frivolous and should be summarily dismissed under 28 U.S.C. § 1915 (e)(2). The Clerk of the Court shall issue summons and the United States Marshal's Service shall serve process on the following: Officer H. Dickens. This case is now referred back to the District Judge.

2. The Clerk shall transmit a true copy of this Order and the Order adopting the Findings and Recommendation of the United States Magistrate Judge to all parties.