San Miguel v. McLane

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION SAMUEL SAN MIGUEL, ) ) Plaintiff, ) ) v. ) ) JOHN COCHRAN, ef al., ) ) Defendants. ) Civil Action No. 5:20-CV-041-C ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Defendants’ Motion to Dismiss should be granted.' The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or

contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the

' Plaintiff filed timely objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on March 8, 2022. See Doc. 84.

Court ORDERS that Defendants’ Motion to Dismiss be GRANTED.’ Accordingly, Plaintiff's claims for monetary relief against Defendants Kingston, Salinas, Castro, and Keesee in their official capacities are DISMISSED without prejudice for lack of subject matter jurisdiction; Plaintiff's claims for injunctive relief against all remaining Defendants in their official capacities are DISMISSED with prejudice for failure to state a claim; Plaintiff's claims against all remaining Defendants in their individual capacities are DISMISSED with prejudice for failure to state a claim; and Plaintiff's claim for declaratory relief is DISMISSED with prejudice for failure to state a claim. Any and all remaining pending Motions are DENIED as moot. The Clerk of Court is directed to STRIKE the Court’s prior Referral Order. See Doc. 79. SO ORDERED. Dated March SE 52022.

f ay270VhKHY / / Lif A ) SAM/R) CUMMANGS “SENIOR UNITED STATES DIS#RICT JUDGE

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2 Defendants, as used herein, refers to Marsha McLane, Michael Searcy, Rachael Kingston, Chris Salinas, Joanne Castro, and Debra Keesee.