Wise v. Wilmoth et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DONALD L. WISE, JR.,
CHRIS WILMOTH, et al.,
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.
11_ day of July, 2017.
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