Rodgers v. Lancaster Police & Fire Department et al

Filing 69

ORDER ACCEPTING #66 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's individual claims are DISMISSED with prejudice for failure to state a claim on which relief may be granted. (Ordered by Chief Judge Barbara M.G. Lynn on 2/2/2017) (epm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CHAZ Z. RODGERS, Plaintiff, vs. CITY OF LANCASTER POLICE et al., Defendants. ) ) ) ) ) ) ) ) No. 3:13-CV-2031-M ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing 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 comprehensible 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. Accordingly, the claims on behalf of Plaintiff’s son’s estate are DISMISSED without prejudice. Plaintiff’s individual claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim on which relief may be granted, and Methodist Hospital of Dallas’ Motion to Dismiss or Alternatively Quash Service and Brief in Support, filed July 18, 2016 (doc. 53) and Methodist Hospitals of Dallas’ Second Motion to Dismiss or Alternatively Quash Service and Brief in Support, filed August 15, 2016 (doc. 55) are DENIED AS MOOT. SIGNED this 2nd day of February, 2017. _________________________________ BARBARA M. G. LYNN CHIEF JUDGE

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