Vasquez v. Lofton

Filing 76

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The District Court made an independent examination of the record and reviewed the Magistrate Judge's report for plain error. Finding none, the C ourt accepts and adopts the findings, conclusions, and recommendation of the United States Magistrate. The Court therefore orders that Defendant Lofton's Motion for Summary Judgment based on qualified immunity is denied. However, Plaintiff's complaint and all claims alleged within it are dismissed with prejudice as frivolous and for failure to state a claim under 28 U.S.C. §§ 1915, 1915A. (Ordered by Judge James Wesley Hendrix on 8/28/2024) (skh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
FRANCISCO ARIEL VASQUEZ,
Institutional ID No. 02054011
Plaintiff,

v.

No.

JOSHUA

1:20-CV-00129-H

P. SOLIS, et a/.,

Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE
The United States Magistrate

Judge made findings, conclusions, and a recommendation

in this case. No objections were filed and the time to do so has passed.

The District Court

made an independent examination of the record and reviewed the Magistrate
plain error.

JUDGE

Judge’s report for

Finding none, the Court accepts and adopts the findings, conclusions, and

recommendation of the United States Magistrate.
The Court therefore orders that Defendant Lofton’s Motion for Summary Judgment
based on qualified immunity is denied.

However, Plaintiff's complaint and all claims alleged

within it are dismissed with prejudice as frivolous and for failure to state a claim under
28 U.S.C. §§ 1915, 1915A.

All relief not expressly granted and any pending motions are denied.

The Court will enter judgment accordingly.
So ordered.
Dated August ©% , 2024.

fl..

/o Lene

S WESLEY HENDRIX
7

ed States District Judge