Coleman v. Sellars

Filing 25

ORDER ACCEPTING 20 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant Todd Sellars's Motion to Dismiss Under FED. R. CIV. P. 12(b)(2)(5) [sic] and (6), filed on 5/16/2013 (doc. 8 ), is GRANTED in part. By separate ju dgment, the plaintiff's federal claims will be DISMISSED with prejudice for failure to state a claim. The Court declines to exercise supplemental jurisdiction over the plaintiff's state law claims, and those claims will be dismissed without prejudice. The Court further notes that it is not granting Defendant's Motion to Dismiss Under Rule 12(b)(5) for improper service, and that Defendant does not have the right to object to the Court receiving recommendations from the Magistrate Judge. (Ordered by Judge Barbara M.G. Lynn on 3/19/2014) (ctf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AUDREY COLEMAN,

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Plaintiff,
vs.
TODD SELLARS, Dallas County
U.S. Assistant District Attorney
Defendant.

No. 3:13-CV-1648-M

Referred to U.S. Magistrate Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the objections to the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge and conducting a de novo review of those parts of the Findings and
Conclusions to which objections have been made, I am 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.
Defendant Todd Sellars’s Motion to Dismiss Under FED. R. CIV. P. 12(b)(2)(5) [sic] and (6),
filed on May 16, 2013 (doc. 8), is GRANTED in part. By separate judgment, the plaintiff’s federal
claims will be DISMISSED with prejudice for failure to state a claim. The Court declines to
exercise supplemental jurisdiction over the plaintiff’s state law claims, and those claims will be
dismissed without prejudice.
The Court further notes that it is not granting Defendant’s Motion to Dismiss Under Rule
12(b)(5) for improper service, and that Defendant does not have the right to object to the Court
receiving recommendations from the Magistrate Judge.
SIGNED this 19th day of March, 2014.

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