Morris v. Pablos et al

Filing 14

ORDER: The court determines that the 13 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Defendant Rolando Pablos's Motion to Dismiss (Doc. 9 ), and dismisses with prejudice the claims asserted by Plaintiff against Rolando Pablos. In addition, the court denies Plaintiff's Amended Expedited Motion for Preliminary Injunction (Doc. 7 ) and directs her to file by 8/28/2018, an amended complaint that sets forth a plausible constitutional claim against the remaining unserved Defendants based on the Texas law that she appears to challenge. (Ordered by Judge Sam A Lindsay on 8/7/2018) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CAROLYN ANN MORRIS,

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Plaintiff,
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v.
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ROLANDO PABLOS, in his official
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capacity as Texas Secretary of State;
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THE DALLAS COUNTY DEMOCRATIC §
PARTY; and CAROL DONOVAN, in her
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capacity as Party Chair,
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Defendants.
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Civil Action No. 3:17-CV-3387-L-BN

ORDER
On July 18, 2018, United States Magistrate Judge David L. Horan entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court grant Defendant Rolando Pablos’s Motion to Dismiss (Doc. 9), filed
January 17, 2018; and dismiss with prejudice the claims against Rolando Pablos. The magistrate
judge further recommended that the court deny Plaintiff’s Amended Expedited Motion for
Preliminary Injunction (Doc. 7), filed December 12, 2017, but give Plaintiff one more opportunity
to amend her pleadings to plead a plausible constitutional claim against the remaining unserved
Defendants based on the Texas law that she appears to challenge. No objections to the Report
were filed.
Having reviewed the motions, pleadings, 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 grants Defendant Rolando Pablos’s Motion to
Dismiss (Doc. 9), and dismisses with prejudice the claims asserted by Plaintiff against Rolando

Order – Page 1

Pablos.

In addition, the court denies Plaintiff’s Amended Expedited Motion for Preliminary

Injunction (Doc. 7) and directs her to file by August 28, 2018, an amended complaint that sets
forth a plausible constitutional claim against the remaining unserved Defendants based on the
Texas law that she appears to challenge. Absent leave of court requested and granted, Plaintiff’s
amended complaint shall be limited to asserting the aforementioned claim against the remaining
Defendants in this case. Failure to file an amended complaint as directed by the court will result
in dismissal without prejudice for failure to prosecute or comply with an order under Federal Rule
of Civil Procedure 41(b), or dismissal with prejudice under Rule 12(b)(6) for failure to state a
claim upon which relief can be granted.
It is so ordered this 7th day of August, 2018.

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Sam A. Lindsay
United States District Judge

Order – Page 2