Ford v. City of Yoakum Police Department

District Court, S.D. Texas

Ford v. City of Yoakum Police Department

Trial Court Opinion

UNITED STATES DISTRICT COURT April 13, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION BRIAN ALONZO FORD, § § Plaintiff, § § v. § Civil Action No. 6:22-CV-00024 § CITY OF YOAKUM POLICE § DEPARTMENT, BURNET COUNTY § SHERIFFS DEPARTMENT, and § WILLIAMSON COUNTY SHERIFFS § DEPARTMENT, § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the November 1, 2022, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Mitchel Neurock. (Dkt. No. 28). Magistrate Judge Neurock made findings and conclusions and recommended that, pursuant to the screening requirement of the Prison Litigation Reform Act, Plaintiff’s Complaint be dismissed with prejudice for seeking relief that is unavailable under

42 U.S.C. § 1983

. (Id.). The Parties were provided proper notice and the opportunity to object to the M&R. See

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Magistrate Judge Neurock’s M&R, (Dkt. No. 28), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; (2) — Plaintiff’s Complaint, (Dkt. No. 1), is DISMISSED WITH PREJUDICE; and Plaintiff’s Motion for Appointment of Counsel, (Dkt. No. 27), is DENIED as moot. It is SO ORDERED. Signed on April 13, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

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