Hunter v. Wilson et al
ORDER Accepting 11 Findings and Recommendations. The court dismisses with prejudice Plaintiffs claims against Defendants Patrick Wilson and the Ennis Police Department; allows Plaintiff to file an amended complaint, which must be filed by 11/13/2017, to add a John Doe defendant; and recommits this case to the magistrate judge for further screening. Ennis Police Department and Patrick M Wilson terminated. (Ordered by Judge Sam A Lindsay on 10/11/2017) (ams)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DAVID EARL HUNTER, #0946-16,
PATRICK WILSON and
ENNIS POLICE DEPARTMENT,
Civil Action No. 3:16-CV-1289-L
On September 16, 2016, Magistrate Judge David L. Horan entered the Findings, Conclusions
and Recommendation of the United States Magistrate Judge (“Report”), recommending that the court
dismiss with prejudice Plaintiff’s claims against the named defendants, allow Plaintiff to amend his
complaint to add a John Doe defendant, and recommit the action to the magistrate judge for further
screening. No objections to the Report were filed.
Having reviewed the pleadings, file, record in this case, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court dismisses with prejudice Plaintiff’s claims against Defendants Patrick
Wilson and the Ennis Police Department; allows Plaintiff to file an amended complaint, which must
be filed by November 13, 2017, to add a John Doe defendant; and recommits this case to the
magistrate judge for further screening. Failure of Plaintiff to file comply with this order will result
in dismissal without prejudice of this action pursuant to Federal Rule of Civil Procedure 41(b) for
failure to prosecute or comply with a court order. Further, the court expressly determines, pursuant
Order – Page 1
to Federal Rule of Civil Procedure 54(b), that there is no just reason to delay the entry of final
judgment in this case as to Defendants Patrick Wilson and the Ennis Police Department and directs
the clerk of the court to enter a final judgment as to them.
It is so ordered this 11th day of October, 2017.
Sam A. Lindsay
United States District Judge
Order – Page 2
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