Fisher v. the Hunt County Sheriffs Office

District Court, N.D. Texas

Fisher v. the Hunt County Sheriffs Office

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CEDRIC FISHER, ) ) Plaintiff, ) ) ) ) HUNT COUNTY SHERIFF’S OFFICE, ) etal., ) ) Defendants. ) Civil Action No. 3:20-CV-3695-C-BN ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising that Plaintiffs Complaint should be dismissed without prejudice subject to Plaintiff's ability to refile his claims once he has shown that the preconditions of Heck v. Humphrey,

512 U.S. 477

(1994), have been met. The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made.

28 U.S.C. § 636

(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should bb OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are ADOPTED as

' Plaintiff filed objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on February 11, 2021.

the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Plaintiff's Complaint be dismissed without prejudice. 3? SO ORDERED this Ad day of February, 2021.

gf “ / nif pvr) \S kc INGS SENIOR UNITED STATES DIS#RICT JUDGE

Reference

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