Morgan v. Lufkin Police Department et al

Filing 30

MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 3/21/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DECOURTNEY MORGAN

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VS.

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LUFKIN POLICE DEPARTMENT, et al.,

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CIVIL ACTION NO. 9:18-CV-110

MEMORANDUM OPINION AND ORDER
OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION
Plaintiff, Decourtney Morgan, proceeding pro se, filed this civil rights complaint pursuant
to 42 U.S.C. § 1983 against defendants the Lufkin Police Department, R. Scott and Sergeant
Strickland.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends Defendants’ Motion to Dismiss filed pursuant to Federal Rule of
Civil Procedure 12(b)(6) be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Plaintiff filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
P. 72(b).
As outlined by the Magistrate Judge, plaintiff’s claims are barred by the statute of limitations.
Plaintiff knew or should have known of the facts supporting his claim in April 10, 2015 when the
warrant he complains of was executed. Helton v. Clements, 832 F.2d 332, 335 (5th Cir. 1987).

ORDER
Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and conclusions
of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED.
A Final Judgment will be entered in accordance with the recommendations of the Magistrate Judge.

So ORDERED and SIGNED March 21, 2019.

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Ron Clark, Senior District Judge

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