Wilson v. Travis County, Texas

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

KENNETH WAYNE WILSON, § Plaintiff, § § NO. 1:25-CV-887-ADA v. § § TRAVIS COUNTY, TEXAS, ET AL., § Defendants. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court is the Report and Recommendation of United States Magistrate Judge Dustin M. Howell regarding Defendants Travis County, Texas, Joe Nichols, Mike Lummus, and Velva L. Price’s Motion to Dismiss (Dkt. 3) and Defendant City of Lakeway, Texas’s Motion to Dismiss (Dkt. 7). Dkt. 16. The report recommends the Travis County Defendants’ Motion to Dismiss be GRANTED (Dkt. 3) and the City of Lakeway’s Motion to Dismiss be GRANTED (Dkt. 7). The Report and Recommendation was filed September 11, 2025. This Court hereby adopts Judge Howell’s Recommendations. 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 filed objections on October 1, 2025. Dkt. 19. The Court has conducted a de novo review of the Complaint, 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 Dustin M. Howell, Dkt. 16, is ADOPTED. IT IS FURTHER ORDERED that the Travis County Defendant’s Motion to Dismiss, Dkt 3, is GRANTED. IT IS ALSO ORDERED that the City of Lakeway’s Motion to Dismiss, Dkt. 7, is GRANTED.

SIGNED on October 3, 2025.

C0 SONen ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE