Opinion
Civil Action 3:20-CV-476-S-BH
09-27-2021
TODD MICHAEL TOMASELLA v. DIVISION OF CHILD SUPPORT, et al.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case [ECF No. 109]. Petitioner filed objections [ECF No. 114]. The District Court reviewed the findings, conclusions, and recommendation de novo. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
For the reasons articulated therein, Judge Blair's First Amended Motion to Dismiss [ECF No. 62], Defendants' Bryan Beavers and Rhonda Hughey's Motion to Dismiss Plaintiffs Amended Complaint [ECF No. 68], and Defendant Warren Kenneth Paxton's Motion to Dismiss Plaintiffs First Amended Complaint [ECF No. 70], are GRANTED.
By separate judgment, Plaintiffs state law claims for invasion of privacy, intentional infliction of emotional distress, tortious interference, civil conspiracy, and malicious prosecution, as well as his claims under the Racketeer Influence and Corrupt Organizations Act and under 42 U.S.C. § 1983 for violation his First Amendment rights, against Defendants Casey Blair, Bryan Beavers, Rhonda Hughey, and Warren Kenneth Paxton, will be DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiffs constitutional claims for violations of his Fourth, Sixth, Eighth, and Fourteenth Amendment under 42 U.S.C. § 1983, as well as his state law claims for false arrest, and false imprisonment, against Defendants Casey Blair, Bryan Beavers, Rhonda Hughey, and Warren Kenneth Paxton, will be DISMISSED with prejudice for failure to state a claim.
SO ORDERED.