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17-2826 - Gillespie v. Texas Department of Family and Protective Services et al


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17-2826 - Gillespie v. Texas Department of Family and Protective Services et al
February 14, 2018
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FINDINGS CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court recommends that: (1) Plaintiff's claims challenging her conviction be dismissed with prejudice until the Heck conditions are met; and (2) Plaintiff's remaining claims be dismissed for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Rebecca Rutherford on 2/14/2018) (ykp)
March 9, 2018
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Order Adopting 8 Findings, Conclusions and Recommendation re: 3 Complaint, filed by Jessica Rene Gillespie. The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. 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, Plaintiff's claims challenging her conviction are DISMISSED WITH PREJUDICE until the conditions of Heck v. Humphrey are satisfied, and Plaintiff's remaining claims are DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. (Ordered by Senior Judge Sam R Cummings on 3/9/2018) (ndt)