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15-711 - Duncan v. The State of Texas et al


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15-711 - Duncan v. The State of Texas et al
September 17, 2015
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Findings and Recommendations on Case: The Court should summarily dismiss the six defendants named in the complaint but also grant Plaintiff leave to file an amended complaint against an individual whom he identifies as Major Breeden if he so chooses. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 9/17/2015) (mcrd)
November 24, 2015
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Order Accepting 12 Findings and Recommendation of the United States Magistrate Judge. Accordingly, the court dismisses with prejudice Plaintiff's claims against the following Defendants: the State of Texas; Johnson County Court; Walker/Sayle Correction Facility; Substance Abuse Felony Program; The Abode Halfway House; and Acutrace Laboratory. Further, if Plaintiff wishes to pursue a claim or claims against Major Breeden, he shall file by 12/31/2015, an amended complaint that only includes his claims against Major Breeden. (Ordered by Judge Sam A Lindsay on 11/24/2015) (axm)
March 14, 2016
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Findings and Recommendations on Case: This action should be dismissed sua sponte w/out prejudice pursuant to FRCP 41(b). If, however, within 14 days of the date of this recommendation, Plaintiff files an amended complaint against Major Breeden, as previously ordered, the Court should refer this action back to the undersigned for further consideration. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 3/14/2016) (mcrd)
April 18, 2016
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ORDER: Having reviewed the pleadings, file, record in this case, and Report, the court determines that the 15 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court, pursuant to Federal Rule of Civil Procedure 41(b), dismisses without prejudice Plaintiff's remaining claim or claims against Major Breeden for failure to prosecute or comply with a court order. (Ordered by Judge Sam A Lindsay on 4/18/2016) (bdb)