Tobias v. Ashley et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Plaintiff may proceed with his excessive use of force claim against Officer Andrew J. Ashley. Plaintiff's claims against Officer Veronica M. Vargas, Lt. James L. Kelly and Sgt. Sergio Pena are DISMISSED with prejudice. Signed by Judge Leonard Davis on 01/26/15. (mll, )

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

VACHON TOBIAS, #1459432

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VS.

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ANDREW J. ASHLEY, ET AL.

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CIVIL ACTION NO. 6:14cv753

ORDER OF PARTIAL DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge John D. Love. The Report and Recommendation of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been
presented for consideration, and no objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the
findings and conclusions of the Court. It is therefore
ORDERED that the Plaintiff may proceed with his excessive use of force claim against
Officer Andrew J. Ashley. It is further
ORDERED that the Plaintiff’s claims against Officer Veronica M. Vargas, Lt. James L.
Kelly and Sgt. Sergio Pena are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
So ORDERED and SIGNED this 26th day of January, 2015.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE