Franklin v. Beeville City, Texas et al

Filing 142

ORDER AND FINAL JUDGMENT, ADOPTING MEMORANDUM AND RECOMMENDATIONS AND DENYING Motion to Alter Judgment re: 130 MOTION For Stay of 90 days, 131 Memorandum and Recommendations (Signed by Judge Hilda G Tagle) Parties notified.(lrivera, 2)

Case 2:17-cv-00370 Document 142 Filed on 10/27/20 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BENJAMIN FRANKLIN,
Plaintiff,
VS.
BEEVILLE CITY, TEXAS, et al,
Defendants.

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October 29, 2020
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-370

ORDER AND FINAL JUDGMENT
On August 7, 2020, this Court adopted the Magistrate Judge’s Memorandum
and Recommendation, granted Defendants’ motion for summary judgment, and
dismissed Plaintiff Benjamin Franklin’s (“Franklin”) claims. Dkt. No. 129.
Franklin filed a motion to alter judgment. Dkt. No. 130. The Magistrate
Judge issued a Memorandum and Recommendation to Deny Franklin’s Motion to
Alter Judgment. Dkt. No. 131. Franklin filed objections to the Memorandum and
Recommendation regarding the Motion to Alter Judgment. Dkt. No. 132. The
Magistrate Judge states that Franklin only makes conclusory assertions that his
complaint was wrongfully dismissed, and he fails to make specific argument
regarding the motion to alter judgment. Dkt. No. 131. Franklin’s objections state
there were discovery violations by Defendants. Dkt. No. 132.
Franklin’s objections are frivolous and unrelated to his motion to alter
judgment. See Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987).
The Court OVERRULES Franklin’s objections, Dkt. No. 132. The Court ADOPTS
the Magistrate Judge’s Memorandum and Recommendation in its entirety, Dkt. No.
131, and DENIES Franklin’s Motion to Alter Judgment, Dkt. No. 130.

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Case 2:17-cv-00370 Document 142 Filed on 10/27/20 in TXSD Page 2 of 2

Following this Court’s order granting summary judgment and dismissing all
remaining claims in this action, Dkt. No. 129, the Court DIRECTS the Clerk of the
Court to enter Final Judgment and close the case.

SIGNED this 27th day of October, 2020.
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Hilda Tagle
Senior United States District Judge

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