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17-168 - Walker v. State of Texas et al


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17-168 - Walker v. State of Texas et al
March 7, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After considering the pleadings and applicable law, the undersigned RECOMMENDS that Judge O'Connor GRANT Defendants the State of Texas, the 90th Judicial District Court Judge Stephen E. Bristow, and Special District Judge Jerry Ray's Motion to Dismiss (ECF No. 24), and DISMISS this action with prejudice as to these Defendants. The Court DENIES such Defendants' request for an award of their attorneys' fees as sanctions. The undersigned further RECOMMENDS that Judge O'Connor GRANT Defendant Stephens's Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) (ECF No. 27) and DISMISS this action without prejudice as to him. If Plaintiff files an amended complaint within the fourteen days allotted for objections to this recommendation, however, Defendant Stephens's Motion to Dismiss should be DENIED as moot, and the action should be allowed to proceed against him on the amended complaint. Plaintiff is permitted to file an amended complaint on or before March 21, 2018. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/7/2018) (plp)
March 22, 2018
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, the Court GRANTS Plaintiff's Motion to Withdraw Objections (ECF No. 39); GRANTS Defendants State of Texas, 90th Judicial District Court Judge Stephen E. Bristow, and Special District Judge Jerry Ray's Motion to Dismiss (ECF No. 24); DISMISSES this action with prejudice as to these Defendants; DENIES these Defendants' request for sanctions; and DENIES as moot Defendant Kerwin Stephen's Motion to Dismiss (ECF No. 27). (Ordered by Judge Reed C. O'Connor on 3/22/2018) (skg)