Mays v. Valdez et al

Filing 10

Order Accepting 9 Findings and Recommendation of the United States Magistrate Judge. Defendants' 7 Motion for Judgment on the Pleadings is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 11/29/2013) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DERRECK MAYS,
Plaintiff,
v.
DALLAS COUNTY SHERIFF
LUPE VALDEZ, ET AL.,
Defendants.

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NO. 3:13-cv-1272-M-BF

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files, and records in this case, and the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated
November 1, 2013, the Court finds that the Findings, Conclusions, and Recommendation of the
Magistrate Judge are correct, and they are accepted as the Findings, Conclusions, and
Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation
of the United States Magistrate Judge are accepted. Defendants’ Motion for Judgment on the
Pleadings (Doc. 7) is GRANTED. All of Plaintiff’s claims and causes of action against Sheriff Lupe
Valdez are DISMISSED with prejudice, and Plaintiff’s claims against the unnamed Dallas police
officers are DISMISSED until the conditions of Heck v. Humphrey, 512 U.S. 477 (1994), are met.
SO ORDERED this 29th day of November, 2013.

_________________________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS