Oakley v. Dyer

District Court, N.D. Texas

Oakley v. Dyer

Trial Court Opinion

NORTHERN DIS I □□ IN THE UNITED STATES DISTRICT COURT FILED FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION CLERK, U.S. DISTRICT COURT RANDALL WAYNE OAKLEY, § ram TDCJ No. 02385425, § Plaintiff, V. 2:21-CV-169-Z-BQ AMANDA DYER, et al., Defendants. ORDER On September 1, 2021, pro se Plaintiff filed a Complaint (ECF No. 3) in this Court, proceeding in forma pauperis. On September 12, 2022, the United States Magistrate Judge issue his findings and conclusions on Plaintiff's operative Amended Complaint (ECF Nos. 6, 20). The Magistrate Judge recommends the Court: (1) dismiss with prejudice Plaintiff's claims against Texas Child Protective Services (“CPS”) Investigator Amanda Dyer and CPS Specialist Cassie Coppock; (2) dismiss without prejudice any claim for release from custody; (3) and dismiss with prejudice — until the conditions of Heck v. Humphrey,

512 U.S. 477

(1994), are met — Plaintiff's remaining claims against Detective Stephanie Willoughby and CPS Attorney Todd Alvey. Plaintiff did not file objections, and the time to do so has expired. After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the Magistrate Judge, the Court concludes the findings and conclusions are correct. The Court therefore ADOPTS the findings, conclusions, and recommendation of the Magistrate Judge (ECF No. 20) and DISMISSES Plaintiff's Amended Complaint (ECF No. 6) as detailed above.

SO ORDERED. October 1b 2022 _onhuecf .

MATZHEW J. KACSMARYK UNJTED STATES DISTRICT JUDGE

Reference

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