UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00368 Christian Blanchard, Plaintiff, V. City of Tyler Police Department et al., Defendants.

ORDER Plaintiff Christian Blanchard, proceeding pro se, filed this lawsuit against defendants on July 25, 2023. Doc. 1. On August 13, 2024, remaining defendants Sergeant W. Gardner and Officer A. Reeves filed a motion for summary judgment. Doc. 42. On Sep- tember 18, 2024, the magistrate judge issued a report recommend- ing that defendants’ motion be granted on grounds of qualified immunity and that plaintiff’s claims brought pursuant to

be dismissed with prejudice. Doc. 43. Thereafter, the magistrate judge issued an amended report and recommenda- tion to correct a typographical error in the original report and rec- ommendation raised by defendants. Docs. 44, 45. The amended report and recommendation did not substantively alter the find- ings of the court. Doc. 45. Plaintiff acknowledged receipt of the original report on October 1, 2024, and a Martin Blanchard acknowledged receipt of the amended report on October 21, 2024. Docs. 46, 47. Neither party has filed objections to the amended report, and the time for doing so has passed. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996). Having reviewed the magistrate judge’s re- port (Doc. 45), and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Defendants’ motion for summary judgment (Doc. 42) is granted on the

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grounds of qualified immunity. Plaintiff’s § 1983 claims for false arrest, excessive use of force, and denial of medical care against defendants Gardner and Reeves are dismissed with prejudice. All motions pending in this civil action are denied as moot. So ordered by the court on January 7, 2025.

yj! CAMPBELL BARKER United States District Judge

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