Coleman v. Sellars

Filing 27

AMENDED ORDER ACCEPTING 20 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant Todd Sellar'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. (Ordered by Judge Barbara M.G. Lynn on 4/10/2014) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AUDREY COLEMAN
Plaintiff,
vs.
TODD SELLARS, Dallas County
U.S. Assistant District Attorney,
Defendant.

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No. 3:13-CV-1648-M

Referred to U.S. Magistrate Judge

AMENDED 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 Sellar’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 with 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 Plaintiff does not have the right to object to the Court
receiving recommendations from the Magistrate Judge.
SIGNED this 10th day of April, 2014.

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