Cruz-Hernandez v. Johnson County Detention Center

Filing 48

ORDER ACCEPTING 45 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. U.S. Immigration and Customs Enforcement's Motion to Dismiss for Lack of Subject Matter Jurisdiction, (doc. 30 ), and Defendant Johnson County Detention Center's Rule 12(b)(6) Motion to Dismiss (doc. 33 ) are both GRANTED. The alternative U.S. Immigration and Customs Enforcement's Motion for a More Definite Statement (doc. 30 ), is DENIED as moot. (Ordered by Chief Judge Barbara M.G. Lynn on 1/31/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ARCIDES CRUZ-HERNANDEZ,
Plaintiff,
vs.
JOHNSON COUNTY DETENTION
CENTER, et al.,
Defendants.

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Civil Action No. 3:16-CV-220-M-BH

Referred to U.S. Magistrate Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge for plain error, 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.
U.S. Immigration and Customs Enforcement’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction, filed July 5, 2016 (doc. 30), and Defendant Johnson County Detention Center’s Rule
12(b)(6) Motion to Dismiss, filed July 6, 2016 (doc. 33) are both GRANTED. The alternative U.S.
Immigration and Customs Enforcement’s Motion for a More Definite Statement, filed July 5, 2016
(doc. 30), is DENIED as moot. By separate judgment, the plaintiff’s Federal Tort Claims Act and
immigration claims will be DISMISSED without prejudice for lack of subject matter jurisdiction,
and the plaintiff’s 42 U.S.C. § 1983, Bivens, and Title VII claims against any remaining defendants
will be DISMISSED with prejudice for failure to state a claim.
SIGNED this 31st day of January, 2017.

_________________________________
BARBARA M. G. LYNN
CHIEF JUDGE