3:25-cv-00451•Hunter v. City of Rice Police Department et al
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CEDENO HUNTER, Plaintiff, v. CITY OF RICE POLICE DEPARTMENT et al., Defendants. § § § § § § § § § § Civil Action No. 3:25-CV-0451-X ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court are the findings, conclusions, and recommendation (FCR) of the United States Magistrate Judge; Plaintiff Cedeno Hunter’s response; Hunter’s motion for leave to file first amended complaint; Defendants’ response in opposition to Hunter’s motion for leave; and Hunter’s reply. (Docs. 44, 45, 46, 47, 48). Hunter, proceeding pro se, timely filed a response within the objection period. Although styled as a response, the filing does not meaningfully object to the Magistrate Judge’s analysis or conclusions regarding dismissal. Instead, Hunter’s response expressly accepts the FCR but “only to the extent consistent with the right to amend.”1 Specifically, Hunter accepted the Magistrate Judge’s recommendation that the City of Rice Police Department, Navarro County Sheriff’s Office, or Navarro County District Attorney’s Office should be dismissed as non-jural entities as well as 1 Doc. 45 at 3. Case 3:25-cv-00451-X Document 49 Filed 03/30/26 Page 1 of 3 PageID <pageID>
2 the dismissal with prejudice of his state law tort claims against Officers Adams, Guerrero, and Dolores.2 Liberally construing the response as an objection, the Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court GRANTS Defendants’ motions to dismiss3 and DISMISSES Defendants Navarro County Sheriff’s Department, Navarro County District Attorneys’ Office, and the City of Rice Police Department from this action; DISMISSES WITH PREJUDICE Hunter’s state-law claims for negligence, intentional infliction of emotional distress, and assault and battery against Officers Dolores, Adams and Guerrero; and DISMISSES WITHOUT PREJUDICE Hunter’s remaining claims. The Court also GRANTS Hunter’s motion for leave to amend his complaint.4 (Doc. 46). The Court directs the Clerk’s office to enter the amended complaint as of the date of this order. 2 Id. at 1. 3 Docs. 20, 21, 22, 24. 4 “Because Plaintiff is proceeding pro se and has not previously been afforded an opportunity to amend his claims, the Court finds it appropriate to allow Plaintiff an opportunity to amend his Complaint to comply with the federal pleading standards.” Doc. 44 (citing Brewster v. Dretke, 587 F.3d 764, 767–68 (5th Cir. 2009) (per curiam) (stating, generally, that a pro se plaintiff should be allowed to amend his complaint prior to dismissal)). Case 3:25-cv-00451-X Document 49 Filed 03/30/26 Page 2 of 3 PageID <pageID>
3 IT IS SO ORDERED this 30th day of March 2026. ____________________________________ BRANTLEY STARR UNITED STATES DISTRICT JUDGE Case 3:25-cv-00451-X Document 49 Filed 03/30/26 Page 3 of 3 PageID <pageID>
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