Lewis v. Officer Tauch et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
AUSTIN LEWIS,
Plaintiff.
V.
OFFICER TAUCH, et al.,
Defendants.
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CIVIL ACTION NO. 3:25-cv-00201
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On December 11, 2025, all pretrial matters in this case were referred to
United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1).
Dkt. 21. On January 23, 2026, Judge Edison filed a memorandum opinion, order,
and recommendation in which he granted Plaintiff leave to file a second amended
complaint, recommended denying a motion to dismiss filed by Defendants Logan
Frankland, Dennis Gardner, Christopher McNeil, and the City of Galveston (Dkt.
19) as moot, and recommended denying Plaintiff’s motion to strike (Dkt. 23) as
moot. Dkt. 29.
No objections have been filed to the memorandum and recommendation.
Accordingly, the court reviews it for plain error on the face of the record. 28 U.S.C.
§ 636(b)(1); FED . R. CIV . P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the court finds
that there is no plain error apparent from the face of the record. Accordingly:
United States District Court
Southern District of Texas
ENTERED
February 09, 2026
Nathan Ochsner, Clerk
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(1) 	Judge Edison’s memorandum opinion, order, and recommendation
(Dkt. 29) is approved and adopted in its entirety as the holding of the
court;
(2) 	Defendants’ motion to dismiss (Dkt. 19) is denied; and
(3) 	Plaintiff’s motion to strike (Dkt. 23) is denied.
SIGNED on Galveston Island this 9th day of February 2026.
______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
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