English v. City of Waco, Texas et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 51 Report and Recommendations. Signed by Judge Alan D Albright. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
MORGAN ENGLISH,
Plaintiff,
v.
CITY OF WACO, TEXAS, ET AL,
Defendants.

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A-17-CV-00478-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. 51. The report recommends the County Defendants’ Motion to
Dismiss Morgan English’s First Amended Complaint (ECF No. 44), the City Defendants’ Motion
to Dismiss Morgan English’s First Amended Complaint (ECF No. 45), the County Defendants’
Motion to Dismiss William English’s First Amended Complaint (ECF No. 35), the City
Defendants’ Motion to Dismiss William English’s First Amended Complaint (ECF No. 36) be
GRANTED in part and DENIED in part. The report and recommendation was filed on July
15th, 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)).

Defendants McLennan County and Abelino Reyna filed objections on July 16, 2024. ECF
No. 52. Plaintiff William English filed objections on July 29, 2024. ECF No. 53. 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. 51, is ADOPTED.
IT IS FURTHER ORDERED that the following claims be DISMISSED: Plaintiffs’
Fourteenth Amendment claims against each Defendant; Plaintiffs’ Fourth Amendment Malley
claims against each Defendant; Plaintiffs’ Fourth Amendment Franks claims against Stroman and
Swanton; Plaintiffs’ excessive bail claims; Plaintiffs’ conspiracy claims; Plaintiffs’ claims against
the City of Waco; that Plaintiffs’ claims against the County; Plaintiffs RICO violations claims;
Plaintiffs’ libel and slander claims; Plaintiffs’ intentional infliction of emotional distress;
Plaintiffs’ false arrest claims; and Plaintiffs’ First Amendment claims.
IT IS FINALLY ORDERED that Defendants’ Motions to Dismiss Plaintiffs’ Franks
claims against Reyna and Chavez be DENIED
SIGNED this 28th day of August, 2024.

ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE