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. Judge Edison filed a memorandum and recommendation on March 26,
2026, recommending that a motion to dismiss filed by Defendants Officer Dennis
Gardner, Officer Logan Frankland, Sergeant Christopher McNeil, and the City of
Galveston (Dkt. 35) be granted. Dkt. 36.
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:
(1) 	Judge Edison’s memorandum and recommendation (Dkt. 36) is
approved and adopted in its entirety as the holding of the court; and
(2) 	Defendants’ motion to dismiss (Dkt. 35) is granted.
United States District Court
Southern District of Texas
ENTERED
April 16, 2026
Nathan Ochsner, Clerk
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SIGNED on Galveston Island this 16th day of April 2026.
______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
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