Russell v. Anderson et al

Filing 11

ORDER ADOPTING MAGISTRATE JUDGE'S 5 FINDINGS AND CONCLUSIONS AND ORDER DISMISSING ALL CLAIMS EXCEPT THOSE OF EDWARD LYNN RUSSELL After de novo review, plaintiffs' objections overruled and claims of all pltfs except for Edward Lynn Russel l should be dismissed w/o prejudice. Claims of Edward Lynn Russell remain pending and will be later reviewed. All claims filed by pltfs Chris Morrow, Marvin Phillips, Jesus De Leon, Robert Martinez, Mike Van Winkle, Charles D. Sims, James Robbins, Manuel Valenzuela, Joe Hernandez, and Andrew T. Leal are dismissed w/o prejudice. (Ordered by Judge Terry R Means on 9/7/2011) (uls) Sent civil rights complaint form and in forma pauperis application to Chris Morrow and Charles Sims.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
EDWARD LYNN RUSSELL, et al.
VS.
DE ANDERSON, Sheriff,
Tarrant County, Texas, et al.

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CIVIL ACTION NO.4:11-CV-529-Y

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
AND ORDER DISMISSING ALL CLAIMS EXCEPT THOSE OF EDWARD LYNN RUSSELL
(With special instructions to the clerk of Court)
In this action brought by plaintiff Edward Lynn Russell and
ten other Tarrant County jail inmate plaintiffs, the Court has made
an independent review of the following matters in the above-styled
and numbered cause:
1.

The pleadings and record;

2.

The proposed findings, conclusions, and recommendation of
the United States magistrate judge filed on August 2,
2011; and

3.

The written objections to the proposed findings, conclusions, and recommendation of the United States magistrate
judge filed on August 15, 2011.1

The Court, after de novo review, concludes that Plaintiffs’
objections must be overruled, and that the claims of all plaintiffs
except

for

Edward

Lynn

Russell

should

be

dismissed

without

prejudice for the reasons stated in the magistrate judge's findings
and conclusions.
Therefore, the findings, conclusions, and recommendation of
the magistrate judge are ADOPTED.
1

Lead plaintiff Edward Lynn Russell filed objections joined only by
plaintiff Chris Morrow. Plaintiff Charles D. Sims separately appeared through the
filing of a certificate of inmate trust account. As noted by the magistrate
judge, none of the other listed plaintiffs actually signed the form complaint,
and none of the other plaintiffs has filed any papers in response to the
magistrate judge’s report.

The claims of Edward Lynn Russell remain pending and will
later be reviewed under the screening provisions of 28 U.S.C. §§
1915A and 1915(e)(2)(B).
All claims filed by plaintiffs Chris Morrow, Marvin Phillips,
Jesus De Leon, Robert Martinez, Mike Van Winkle, Charles D. Sims,
James Robbins, Manuel Valenzuela, Joe Hernandez, and Andrew T.
Leal, are DISMISSED without prejudice to their being refiled.2
SIGNED September 7, 2011.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

2

The clerk of Court is directed to send a copy of this order (and
accompanying judgment) to each party plaintiff. As to plaintiffs Chris Morrow and
Charles D. Sims, the clerk of Court is directed to also send each of them a civil
rights complaint form and in forma pauperis motion/application.

2