Thrasher v. Fort Worth Police Dep't

Full title: BRANDON K. THRASHER, Plaintiff, v. FORT WORTH POLICE DEPARTMENT, NORTHLAKE…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Date published: Mar 24, 2021

Civil Action No.: 4:20-cv-350-SDJ-KPJ (E.D. Tex. Mar. 24, 2021)

Opinion

Civil Action No.: 4:20-cv-350-SDJ-KPJ

03-24-2021

BRANDON K. THRASHER, Plaintiff, v. FORT WORTH POLICE DEPARTMENT, NORTHLAKE POLICE DEPARTMENT, and DENTON COUNTY SHERIFF'S OFFICE AND DEPARTMENT, Defendants.

SEAN D. JORDAN UNITED STATES DISTRICT JUDGE

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On February 22, 2021, the Magistrate Judge entered proposed findings of fact and recommendations (the "Report") (Dkt. #54) that Plaintiff Defendant Fort Worth Police Department's ("Fort Worth Police") Motion to Dismiss (the "Motion") (Dkt. #18) be granted.

The Report was mailed to Plaintiff Brandon K. Thrasher via certified mail on February 24, 2021. However, the United States Postal Service reports service was attempted twice—on February 27 and March 17, 2021—with no success. Local Rule CV-11(d) concerns changes of address:

Notices will be sent only to an e-mail and/or mailing address on file. A pro se litigant must provide the court with a physical address (i.e., a post office box is not acceptable) and is responsible for keeping the clerk advised in writing of his or her current physical address.

LOCAL RULE CV-11(d).

Having received the Report of the United States Magistrate Judge, and no timely objections being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.

Accordingly, Fort Worth Police's Motion (Dkt. #18) is hereby GRANTED, as Plaintiff has failed to state a claim upon which relief can be granted.

As there are no live defendants in this matter, it is hereby ORDERED, ADJUDGED, AND DECREED that this entire action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. Each party shall bear its own costs.

All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action.

So ORDERED and SIGNED this 24th day of March, 2021.

/s/_________

SEAN D. JORDAN

UNITED STATES DISTRICT JUDGE