Miller et al v. Stroman et al

Filing 53

ORDER ADOPTING 43 Report and Recommendations. Signed by Judge Alan D Albright. (dm)

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

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A-19-CV-00475-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. 43. The report recommends that Defendants Frost and Schwartz’s
Motions to Dismiss (ECF No. 13); Defendants Abelino Reyna and McLennan County’s Motion to
Dismiss (ECF No. 14); and Defendants City of Waco, Brent Stroman, Manuel Chavez, Robert
Lanning, Jeffrey Rogers, and Patrick Swanton’s Motion to Dismiss (ECF No. 15); and the City of
Waco’s Supplement to its Motion to Dismiss (ECF No. 40) be GRANTED in part and DENIED
in part. The report and recommendation was filed on July 24th, 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)).

Defendant Abelino Reyna filed objections on July 24, 2024. ECF No. 44. Defendants
Abelino Reyna and McClennan County then filed an amended objection on July 26, 2024. ECF
No. 45. Defendant Manuel Chavez filed objections on July 26, 2024. ECF No. 46. Plaintiffs filed
objections on August 9, 2024. ECF No. 49. 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. 43, is ADOPTED.
IT IS FURTHER ORDERED that the following claims are DISMISSED: Plaintiffs’
Fourteenth Amendment claims against each Defendant; Plaintiffs’ Fourth Amendment Malley
claims against each Defendant; Plaintiffs’ Fourth Amendment Franks claims against Stroman,
Lanning, Swanton, Rogers, Frost, and Schwartz; Plaintiffs’ conspiracy claims; Plaintiffs’ claims
against the City of Waco; and Plaintiffs’ claims against the County.
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