Hodge v. Longview Police Department

District Court, E.D. Texas

Hodge v. Longview Police Department

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00213 (Consolidated with No. 6:20-cv-00253) Brandon Lee Hodge, Plaintiff, V. Longview Police Department et al., Defendants.

ORDER Plaintiff Brandon Lee Hodge, proceeding pro se and in forma pauperis, filed this lawsuit pursuant to

42 U.S.C. § 1983

. Doc. 26. Plaintiff alleges that defendant Brady Welch — a Longview Police Department narcotics detective —defamed plaintiff's character by alleging that plaintiff committed a fel- ony as stated in a September 4 and 5, 2019 arrest warrant and probable cause statement. See Doc. 26-1. This case was re- ferred to United States Magistrate Judge John D. Love. Doc. 3. On April 30, 2021, the magistrate judge issued a report (Doc. 30) recommending that the amended complaint be dis- missed with prejudice as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1). Plaintiff did not file any objections to the report and recommendation. When there have been no timely objections to a magistrate judge’s report, the record is only reviewed for clear error. Douglass v. United Servs. Auto Ass'n,

79 F.3d 1415, 1420

(5th Cir. 1996). Having reviewed the magistrate judge’s report, and be- ing satisfied that it contains no clear error, the court accepts its findings and recommendation. For the reasons stated in the magistrate judge’s report (Doc. 30), plaintiff’s claims are dismissed with prejudice.

So ordered by the court on May 26, 2021.

J “CAMPBELL BARKER United States District Judge

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Reference

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