Harper v. Stroman et al

Filing 61

ORDER ADOPTING 55 Report and Recommendations. Signed by Judge Alan D Albright. (dm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
JADE BARNHART, AS
REPRESENTATIVE OF THE ESTATE
OF BRYAN HARPER
Plaintiff,
v.
BRENT STROMAN, ET AL,
Defendants.

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A-17-CV-00465-ADA

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of United States Magistrate Judge
Jeffrey C. Manske. ECF No. 55. The report recommends the Defendants Frost and Schwartz’s
Motion to Dismiss (ECF No. 28); Defendants Chavez, Lanning, Rogers, Stroman, Swanton, and
City of Waco’s Motion to Dismiss (ECF No. 29); Defendant Reyna’s Motion to Dismiss (ECF No.
30); Defendant McLennan County’s Motion to Dismiss (ECF No. 31); and the City of Waco’s
Motion to Supplement its Motion to Dismiss (ECF No. 52) be GRANTED. The report and
recommendation was filed on July 30th, 2024.
A party may file specific, written objections to the proposed findings and recommendations
of the magistrate judge within fourteen days after being served with a copy of the report and
recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.
R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.”
Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United
States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)).

Plaintiff Jade Barnhart filed objections on August 13, 2024. ECF No. 57. The Court has
conducted a de novo review of the Motion, the responses, the report and recommendation, the
objections to the report and recommendation, and the applicable laws. After that thorough review,
the Court is persuaded that the Magistrate Judge’s findings and recommendation should be
adopted.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge Jeffrey C. Manske., ECF No. 55, is ADOPTED.
IT IS FURTHER ORDERED that that Defendants Frost and Schwartz’s Motion to
Dismiss (ECF No. 28); Defendants Chavez, Lanning, Rogers, Stroman, Swanton, and City of
Waco’s Motion to Dismiss (ECF No. 29); Defendant Reyna’s Motion to Dismiss (ECF No. 30);
Defendant McLennan County’s Motion to Dismiss (ECF No. 31); and the City of Waco’s Motion
to Supplement its Motion to Dismiss (ECF No. 52) are GRANTED and that Plaintiff’s lawsuit is
hereby DISMISSED.
SIGNED this 28th day of August, 2024.

ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE