Atkins v. Fort Worth Police Dep't

Full title: ADAM ATKINS, Plaintiff, v. FORT WORTH POLICE DEPARTMENT, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

Date published: Aug 31, 2020

Civil Action No. 4:20-cv-00054-P-BP (N.D. Tex. Aug. 31, 2020)

Opinion

Civil Action No. 4:20-cv-00054-P-BP

08-31-2020

ADAM ATKINS, Plaintiff, v. FORT WORTH POLICE DEPARTMENT, Defendant.

Mark T. Pittman UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Plaintiff attempted to amend his complaint by changing the named defendant from "Fort Worth Police Department" to "The City of Fort Worth." See ECF No. 39. This change does not cure the deficiencies in Plaintiff's Complaint and will not constitute an objection to the Magistrate Judge's Recommendation. The Magistrate Judge's Recommendation is ripe for review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court.

Accordingly, it is ORDERED that the Motion to Dismiss, ECF No. 18, is GRANTED. Plaintiff's state law claims against Defendant are DISMISSED WITHOUT PREJUDICE so that Plaintiff may file his state law claims in the appropriate court. Plaintiff's federal law claims against Defendant are DISMISSED WITH PREJUDICE.

SO ORDERED on this 31st day of August, 2020.

/s/_________

Mark T. Pittman

UNITED STATES DISTRICT JUDGE