Mayberry v. Arasor et al

Filing 29

ORDER ACCEPTING 27 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's motions for an 17 emergency protective order and for a 24 temporary restraining order are DENIED. (Ordered by Judge Ed Kinkeade on 9/27/2011) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KENNETH MAYBERRY,
ID # 299187,
Plaintiff,
vs.
JOHN ARAGOR, et al.,
Defendants.

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No. 3:11-CV-0333-K

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge and any
objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District
Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are
correct and they are accepted as the Findings and Conclusions of the Court. By separate
judgment, Plaintiff’s federal claims will be dismissed with prejudice as frivolous pursuant
to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), and Plaintiff’s state claims of negligence
and intentional infliction of emotional distress will be dismissed without prejudice to
pursuing them in state court. Plaintiff’s motions for an emergency protective order and
for a temporary restraining order (docs. 17, 24) are DENIED.
SO ORDERED.
SIGNED this 27th day of September, 2011.

ED KINKEADE
UNITED STATES DISTRICT JUDGE