Dillenberg v. Watts et al

Filing 131

MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is therefore ORDERED that the City-Affiliated Defendants' Motions to Dismiss, (Dkts. #86; #87; #88; #89; #90; #91; #92; #93), and the Denton County Def endants' Motions to Dismiss, (Dkts. #84; #85), are GRANTED, and the City-Affiliated Defendants' Motion to Dismiss under Younger, (Dkt. #102), is DENIED. Plaintiff Stephen Paul Dillenberg's claims under 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE, and Plaintiff Stephen Paul Dillenberg's state law claims are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Sean D. Jordan on 7/9/2021. (baf, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
STEPHEN PAUL DILLENBERG
v.
CHRISTOPHER WATTS, ET AL.

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CIVIL CASE NO. 4:20-CV-458-SDJ

MEMORANDUM ADOPTING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge (“Report”), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636. On June 18, 2021, the Report of the
Magistrate Judge, (Dkt. #129), was entered containing proposed findings of fact and
recommendations that the City-Affiliated Defendants’ Motions to Dismiss,
(Dkts. #86; #87; #88; #89; #90; #91; #92; #93), and the Denton County Defendants’
Motions to Dismiss, (Dkts. #84; #85), be granted. The Magistrate Judge further
recommended that the City-Affiliated Defendants’ Motion to Dismiss under Younger,
(Dkt. #102), be denied. Having assessed the Report, and no objections thereto having
been timely filed, the Court determines that the Magistrate Judge’s Report should be
adopted.
It is therefore ORDERED that the City-Affiliated Defendants’ Motions to
Dismiss, (Dkts. #86; #87; #88; #89; #90; #91; #92; #93), and the Denton County
Defendants’ Motions to Dismiss, (Dkts. #84; #85), are GRANTED, and the CityAffiliated Defendants’ Motion to Dismiss under Younger, (Dkt. #102), is DENIED.

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Plaintiff Stephen Paul Dillenberg’s claims under 42 U.S.C. § 1983 are DISMISSED
WITH PREJUDICE, and Plaintiff Stephen Paul Dillenberg’s state law claims are
DISMISSED WITHOUT PREJUDICE.
So ORDERED and SIGNED this 9th day of July, 2021.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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