Williams v. McDonough et al

Filing 119

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Plaintiff's Objection (Dkt. # 117 ) is OVERRULED and the Magistrate Judge's Report is ADOPTED as the findings and conclusions of the Court. IT IS ORDERED that the Officers' Motion (Dkt. # 102 ) is GRANTED. Plaintiff's excessive force claims against the Officers are hereby dismissed with prejudice to being asserted again until the Heck conditions are met. Signed by District Judge Amos L. Mazzant, III on 2/14/2022. (rpc, )

Case 4:17-cv-00811-ALM-KPJ Document 119 Filed 02/14/22 Page 1 of 2 PageID #: 1166

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MELVIN EARL WILLIAMS, JR.,
Plaintiff,
v.
APRIL DAWN MCDONOUGH, et al.,
Defendants.

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Civil Action No. 4:17-cv-811-ALM-KPJ

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United States
Magistrate Judge in this action (the “Report”) (Dkt. #113), this matter having been heretofore
referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. The following Motion is pending
before the Court:
1. Defendants April Dawn McDonough (“Officer McDonough”) and Malcolm McGuire’s
(“Officer McGuire”) (collectively, “the Officers’”) First Motion for Summary
Judgment (the Motion) (Dkt. #102).
In the Report, the Magistrate Judge recommended that the Officers’ Motion (Dkt. #102) be
granted. Plaintiff Melvin Earl Williams, Jr. (“Plaintiff”) then filed an Objection (Dkt. #117) to the
Report.
The Court has conducted a de novo review of the Objection and is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the Objection is without merit
as to the ultimate findings of the Magistrate Judge. Accordingly, Plaintiff’s Objection (Dkt. #117)

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is OVERRULED and the Magistrate Judge’s Report is ADOPTED as the findings and
conclusions of the Court.
IT IS ORDERED that the Officers’ Motion (Dkt. #102) is GRANTED.
.

Plaintiff’s excessive force claims against the Officers are hereby dismissed with prejudice to
being asserted again until the Heck conditions are met.
IT IS SO ORDERED.
SIGNED this 14th day of February, 2022.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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