Allen v. Smith et al, No. 3:2022cv01642 - Document 19 (N.D. Tex. 2023)
Court Description: Order Accepting 18 Findings and Recommendations. The plaintiffs official capacity claims against the defendants will be DISMISSED without prejudice for lack of subject matter jurisdiction, and the plaintiffs claim for habeas relief will be DISMISSED with prejudice for failure to state a claim. (Ordered by Senior Judge A. Joe Fish on 12/1/2023) (kaf)
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Allen v. Smith et al Doc. 19 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DARVIS LAKEITH ALLEN, Plaintiff, VS. CONTESSA SMITH and JOYCE ROBBINS, Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:22-CV-1642-G-BH ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge,* in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, by separate judgment, the plaintiff’s official capacity claims against the defendants will be DISMISSED without prejudice for * No objections were filed. Dockets.Justia.com lack of subject matter jurisdiction, and the plaintiff’s claim for habeas relief will be DISMISSED with prejudice for failure to state a claim. SO ORDERED. December 1, 2023. ___________________________________ A. JOE FISH Senior United States District Judge -2-
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