Wise v. Wilmoth et al

Filing 58

ORDER ACCEPTING 55 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The defendants' Motion to Dismiss Under Rule 12(b)(l) and I 2(b)(6), filed 11/28/2016 (doc. 45 ) is GRANTED in part and DENIED in part. Plaintiff's motion for summary judgment is DENIED AS MOOT. (Ordered by Chief Judge Barbara M.G. Lynn on 7/31/2017) (sss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DONALD L. WISE, JR., Plaintiff, vs. CHRIS WILMOTH, et al., Defendants. ) ) ) ) No. 3:16-CV-1039-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 nova 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. The defendants' lvfotion to Dismiss Under Rule 12(b)(l) and I 2(b)(6), filed November 28, 2016 (doc. 45) is GRANTED in part and DENIED in part. By separate judgment, the plaintiff's constitutional claims will be DISMISSED without prejudice for lack of subject-matterjurisdiction, but to the extent that subject-matter jurisdiction exists, the claims will be DISMISSED with prejudice for failure to state a claim upon which relief can be granted. All of the plaintiff's state law claims against D. Scott Curry will be DISMISSED with prejudice based on qualified immunity, and alternatively, for failure to state a claim. The remaining state law claims will be sua sponte DISMISSED with prejudice for failure to state a claim. Plaintiff's motion for summary judgment is DENIED AS MOOT. SIGNED this 11_ day of July, 2017. 2

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