McCarty v. Sanches et al

Filing 76

ORDER overruling plaintiff's objections and accepting the magistrate judge's 73 Report and Recommendation. Signed by District Judge Ron Clark on 3/12/2021. (bjc, )

**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
WILLIAM D. MCCARTY

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VS.

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CHARLES DOUGHERTY, ET AL.

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CIVIL ACTION NO. 9:17-CV-182

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ACCEPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff William D. McCarty, proceeding pro se, filed this civil rights action pursuant to 42
U.S.C. § 1983 against Charles Dougherty and Ed Jones.
The Court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends granting defendants’ motion to dismiss for failure to state
a claim upon which relief may be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff filed a notice of filing exhibits,
which the Court liberally construes as objections to the Magistrate Judge’s Report and
Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). Plaintiff states that he does not object to the dismissal
of defendant Jones, but he objects to the dismissal of his claim that defendant Dougherty falsely

**NOT FOR PRINTED PUBLICATION**
arrested him. For the reasons stated in the Magistrate Judge’s Report and Recommendation, plaintiff
has not plausibly alleged that defendant Dougherty lacked probable cause to arrest him for public
intoxication. Arnold v. Williams, 979 F.3d 262, 269 (5th Cir. 2020). As a result, the defendants are
entitled to qualified immunity, and the Magistrate Judge correctly concluded that the defendants’ motion
to dismiss should be granted.
ORDER
Plaintiff’s objections (docket entry #74) are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (docket
entry #73) is ACCEPTED. Defendants’ motion to dismiss (docket entry #35) is GRANTED. A final
judgment will be entered in accordance with the Magistrate Judge’s recommendation.

So Ordered and Signed
Mar 12, 2021

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