Scott E. Shine v. Ricky Jones Franklin County Sheriff

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATION AND CLOSING CASE. (IT IS ORDERED that Plaintiff Hickss claims against Defendant Heath Hyde are dismissed WITH prejudice. Plaintiff Shines § 1983 claims against Defendant Heath Hyde are dismissed WITH prej udice, and Plaintiff Shines state law breach of contract claim against Defendant Heath Hyde are dismissed WITHOUT prejudice. All relief not previously granted is hereby DENIED. The Clerk of the Court is directed to CLOSE the case.) Signed by District Judge Robert W. Schroeder, III on 5/1/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
SCOTT E. SHINE and JOSEPH HICKS §
§
v.
§ CIVIL ACTION NO. 5:17CV51- RWS-CMC
§
RICKY JONES FRANKLIN COUNTY §
SHERIFF In his Capacity as Sheriff and §
Individually and HEATH HYDE
§
ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND CLOSING CASE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. On April 5, 2018, the
Magistrate Judge issued a Report and Recommendation (Docket No. 61), recommending
Defendant Heath Hyde’s Motion to Dismiss be granted. Specifically, the Magistrate Judge
recommended Plaintiff Hicks’s claims against Defendant Heath Hyde be dismissed with prejudice;
Plaintiff Shine’s § 1983 claims against Defendant Heath Hyde be dismissed with prejudice; and
Plaintiff Shine’s state law breach of contract claim against Defendant Heath Hyde be dismissed
without prejudice. Id. at 22.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. No
objections to the Report and Recommendation were filed. Thus, any aggrieved party is barred from
de novo review by the district court of the proposed findings and recommendations of the Magistrate
Judge.
There being no grounds of plain error or manifest injustice, the Court hereby adopts the
Report of the United States Magistrate Judge as the findings and conclusions of this Court.
Plaintiff’s claims should be dismissed. Accordingly, it is hereby

ORDERED that Defendant Heath Hyde’s Motion to Dismiss (Docket No. 32) is
hereby GRANTED. It is further
.
ORDERED that Plaintiff Hicks’s claims against Defendant Heath Hyde are dismissed
with prejudice. Plaintiff Shine’s § 1983 claims against Defendant Heath Hyde are dismissed
with prejudice, and Plaintiff Shine’s state law breach of contract claim against Defendant Heath
Hyde are dismissed without prejudice.
All relief not previously granted is hereby DENIED.
The Clerk of the Court is directed to CLOSE the case.
It is SO ORDERED.
SIGNED this 1st day of May, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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