Emesowum v. Zeldes et al

Filing 29

AMENDED ORDER re 28 Order Adopting Report and Recommendations. Signed by Judge Xavier Rodriguez. (rf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
BENEDICT EMESOWUM,
Plaintiff,
v.
ADAM ZELDES, JOHN DOE, CITY OF
SAN ANTONIO, and GRANT
RUEDEMANN,
Defendants.

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SA-15-CV-831-XR

ORDER
On this date the Court considered the Magistrate Judge’s Report and Recommendation
(docket no. 25) concerning Plaintiff Benedict Emesowum’s pro se complaint (docket no. 1)
and motion for summary judgment (docket no. 13). The Magistrate Judge recommends that
Plaintiff’s motion for summary judgment be DENIED; that his claims for false arrest, false
imprisonment, unreasonable search and seizure, and denial of due process be DISMISSED
WITH PREJUDICE; and that his claim for use of excessive force be DISMISSED
WITHOUT PREJUDICE.

After careful consideration, the Court accepts the Magistrate

Judge’s recommendation.
When a party objects to the Magistrate Judge’s memorandum and recommendation,
the Court is required to conduct a de novo review. See 28 U.S.C. § 636(b)(1) (“A judge of the
court shall make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.”). However, when no objections

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are filed, the Court reviews the recommendation for clear error or findings contrary to law.
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.) cert. denied, 492 U.S. 918 (1989).
The Magistrate Judge’s recommendation was mailed by certified mail on December 21, 2015.
Docket no. 26. No objections have been filed in this case and the time for doing so has
expired. Therefore, the Court reviews the recommendation for clear error.
The Court has reviewed the Report and Recommendation and finds that it is neither
clearly erroneous nor contrary to law. Wilson, 864 F.2d at 1221. Accordingly, the Court
ACCEPTS the Magistrate Judge’s recommendation and ORDERS that Plaintiff’s motion for
summary judgment (docket no. 13) be DENIED; that his claims for false arrest, false
imprisonment, unreasonable search and seizure, and denial of due process be DISMISSED
WITH PREJUDICE; and that his claim for use of excessive force be DISMISSED
WITHOUT PREJUDICE. The Clerk is instructed to enter judgment and close the case.
It is so ORDERED.
SIGNED this 5th day of January, 2016.

XAVIER RODRIGUEZ
UNITED STATES DISTRICT JUDGE

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