Epley v. Gonzalez et al

Filing 71

Order Adopting Findings and Recommendations re: 57 Report and Recommendation on re: 3 Complaint filed by Charles Epley. It is ordered that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. Plaintiff's Amended Complaint and all claims therein, except Plaintiff's state law claims, are hereby DISMISSED with prejudice. Furthermore, Plaintiff's state law claims are hereby DISMISSED without prejudice pursuant to 28 U.S.C. 1367(c)(3). (Ordered by Senior Judge Sam R Cummings on 6/24/2019) (bdg)

IN THE UNITED STATES DISTzuCT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

CHARLES EPLEY,

)
)
)

Plaintifl,

)
)
)

MARCO GONZALEZ,
Sergeant al Montfurd, et al.,

)
)
)
)

Defendants.

Civil Action No.

5: I

8-CV-0142-C-BQ

ORDER
Before the Court are the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge advising the Court that

Plaintiff s Amended Complaint and all claims

therein, excepting the state law claims, should be dismissed with prejudice in accordance with
28 U.S.C. $$ 1915(eX2XB) and 1915A. The Magistrate Judge has further recommended that

Plaintiff

s state

law claims be dismissed without prejudice pursuant to 28 U.S.C. $ 1367(c)(3).

Plaintiff timely filed objections to the Magistrate Judge's Recommendations on June 19,2019.
The Court conducls a de novo review ofthose portions ofthe Magistrate Judge's report or
specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C.
$

636(bX1XC). Portions ofthe report or proposed findings or recommendations that are not the

subject of a timely objection will be accepted by the Court unless they are clearly erroneous or

contraryto law. See UnitedStates v. Wi|son,864F.2d1219,1221 (5th Cir. 1989).
Having considered Ptaintiff

s

objections, the Court is ofthe opinion that they are without

merit and should be OVERRULED. The Court has further conducted an independent review of

the Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED
that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and
conclusions of the Court. For the reasons stated therein, Plaintiff s Amended Complaint and all
claims therein, except Plaintiff s state law claims, are hereby DISMISSED with prejudice.
Furthermore, Plaintiff s state law claims are hereby DISMISSED without prejudice pursuant to
28

u.s.c. $ 1367(c)(3).
so ORDERED rllis

34

ii
day of June, 2019.

V ).2"'*"'
SAM

S

STATES D

S

(

2

JUDGE