Casas v. City of Fort Worth Police Department et al

Filing 76

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court is of the opinion that the Findings and Conclusions of the Magistrate Judge (ECF No. 65 ) are correct and they are ADOPTED as the Findings and Conclusions of the Court. Accordingly, it is ORDERED that the following motions to dismiss (which were converted to motions for summary judgment) be GRANTED and all claims against Defendants Serrano, Humphries, and Branch be DISMISSED: (1) Def endant Serrano's Motion to Strike Proof of Service and to Dismiss for Failure to State a Claim (ECF No. 24 ), filed March 1, 2017; (2) Defendant Branch's Motion to Quash and Motion to Dismiss (ECF No. 29 ), filed March 3, 2017; (3) Def endant Branch's Motion to Dismiss Second Amended Complaint (ECF No. 46 ), filed April 3, 2017; (4) Defendant Serrano's Motion to Dismiss for Failure to State a Claim (ECF No. 49 ), filed April 5, 2017; and (5) Defendant Humphries Motio n to Dismiss (ECF No. 59 ), filed April 28, 2017. It is further ORDERED the following motions be DENIED: (1) Plaintiff's Amended Motion to Extend Time to Serve Brian C. Humphries (ECF No. 27 ), filed March 3, 2017 and (2) Plaintiff's Mo tion for Leave to Re-Serve Officer P. Branch (ECF No. 28 ), filed March 3, 2017. All individual Defendants' motions are GRANTED, all claims against the individual Defendants (Serrano, Humphries, and Branch) are DISMISSED without prejudice, and Plaintiff's motions are DENIED. (Ordered by Judge Reed C. O'Connor on 8/23/2017) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

CAROLOS E CASAS,
Plaintiff,
v.
CITY OF FORT WORTH POLICE
DEPARTMENT
Defendant.

§
§
§
§
§
§
§
§
§
§

Civil Action No. 4:15-cv-872-O

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case (ECF No. 65), filed May 17, 2017. No objections were filed, and the Magistrate Judge’s
recommendation is ripe for review.

The District Judge reviewed the proposed findings,

conclusions, and recommendation for plain error. Finding none, the Court is of the opinion that
the Findings and Conclusions of the Magistrate Judge (ECF No. 65) are correct and they are
ADOPTED as the Findings and Conclusions of the Court.
Accordingly, it is ORDERED that the following motions to dismiss (which were converted
to motions for summary judgment) be GRANTED and all claims against Defendants Serrano,
Humphries, and Branch be DISMISSED: (1) Defendant Serrano’s Motion to Strike Proof of
Service and to Dismiss for Failure to State a Claim (ECF No. 24), filed March 1, 2017; (2)
Defendant Branch’s Motion to Quash and Motion to Dismiss (ECF No. 29), filed March 3, 2017;
(3) Defendant Branch’s Motion to Dismiss Second Amended Complaint (ECF No. 46), filed April
3, 2017; (4) Defendant Serrano’s Motion to Dismiss for Failure to State a Claim (ECF No. 49),

filed April 5, 2017; and (5) Defendant Humphries Motion to Dismiss (ECF No. 59), filed April
28, 2017.
It is further ORDERED the following motions be DENIED: (1) Plaintiff’s Amended
Motion to Extend Time to Serve Brian C. Humphries (ECF No. 27), filed March 3, 2017 and (2)
Plaintiff’s Motion for Leave to Re-Serve Officer P. Branch (ECF No. 28), filed March 3, 2017.
All individual Defendants’ motions are GRANTED, all claims against the individual
Defendants (Serrano, Humphries, and Branch) are DISMISSED without prejudice, and
Plaintiff’s motions are DENIED.
SO ORDERED on this 23rd day of August, 2017.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

2