Roberts v. Dews

Filing 40

MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations. Signed by Judge Rodney Gilstrap on 9/27/2016. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

DREMEL L. ROBERTS, #140479

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VS.

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MARK DEWS, et al

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CIVIL ACTION NO. 2:14cv933

MEMORANDUM OPINION ADOPTING REPORT
AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Dremel L. Roberts, proceeding pro se and in forma pauperis, filed this civil rights lawsuit
under 42 U.S.C. § 1983. This Court ordered that the case be referred to the United States Magistrate Judge
pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the
Assignment of Duties to United States Magistrate Judges.
Plaintiff sued Deputy Mark Dews in this lawsuit, which stemmed from a police chase and traffic stop
on Interstate 20 in the Eastern District of Texas. Plaintiff complained of violations of the 8th and 14th
Amendments. Plaintiff claims Deputy Dews used “deadly force” as part of a “shoot to kill” policy in order
to force him to stop his vehicle during the extended chase. Plaintiff further claimed Deputy Dews scraped his
arm as he removed Plaintiff from the stolen vehicle.
The Magistrate Judge issued a Report finding that, based on the summary judgment evidence, the
totality of the circumstances clearly show that Dews’ actions were justified under established law and were
objectively reasonable. The R & R further found that, as such, Dews possesses qualified immunity and
summary judgment is proper as a matter of law. The R & R recommended that the motion for summary

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judgment be granted, and that the case should be dismissed with prejudice.
A copy of this Report was sent to Plaintiff. No objections have been received by either party. The
Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review,
the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson, 864
F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918(1989). It is accordingly

. ORDERED that the Report and Recommendation of the Magistrate Judge (docket entry # 38) is
ADOPTED as the opinion of the District Court. It is further

ORDERED that the above-entitled and numbered cause of action is DISMISSED WITH
PREJUDICE. It is further
ORDERED that any motion not previously ruled on is DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 27th day of September, 2016.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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