Opinion
Civil Action 3:23-CV-414-S-BN
06-21-2023
EZEKIEL I. TAYLOR, SR. No. 22049385 v. SECURUS TECHNOLOGIES and DALLAS COUNTY SHERIFF'S OFFICE
ORDER
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Objections were filed. The Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objections were made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. The Court ACCEPTS IN PART the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Court finds that Plaintiff's Complaint fails to provide sufficient allegations to support his constitutional claim and, therefore, Plaintiffs complaint should be dismissed. However, as Plaintiff has requested leave to amend his complaint since the Magistrate Judge issued his recommendations [ECF No. 5], the Court will allow the amendment and this dismissal shall not count as a strike under 28 U.S.C. § 1915(g).
Accordingly, Plaintiffs Complaint is hereby DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A(b). IT IS FURTHER ORDERED that Plaintiffs request for leave to amend is GRANTED. Plaintiff shall file an amended complaint on or before July 21, 2023, or the Court will enter a judgment dismissing Plaintiffs Complaint with prejudice.
SO ORDERED.