Rice et al v. City of Fort Worth, Texas et al.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TARA MICHELLE RICE,
et al,
Plaintiffs,
versus
CITY OF FORT WORTH,
TEXAS, et al,
Defendants.
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CIVIL ACTION NUMBER
4:26-cv-00052
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Tara Michelle Rice, in her individual capacity
and as next friend of her three disabled adult children,
Jaylen Micah Rice, Jahvier Malik Rice, Xzavier Malaki
Rice, and two minor children, Z.W. and J.W., filed a
complaint with seventeen causes of action against
Defendants, alleging that they collectively engaged in a
“coordinated, multi-year campaign of retaliation, extortion,
fraud, malicious prosecution, child exploitation, attempted
murder, murder-for-hire, obstruction of justice, and abuse
of process” from 2020 to the present. Dkt 1 at ¶1. She also
filed a motion requesting leave to proceed in forma
pauperis. Dkt 2.
Pending is a Memorandum and Recommendation by
Magistrate Judge Yvonne Y. Ho, recommending that (i) the
motion for leave to proceed IFP be granted, and (ii) all
claims be dismissed under 28 USC §1915(e)(2)(B). Dkt 5.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
United States District Court
Southern District of Texas
ENTERED
May 04, 2026
Nathan Ochsner, Clerk
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1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 5.
Claims brought on behalf of Jaylen Micah Rice, Jahvier
Malik Rice, Xzavier Malaki Rice, Z.W., and J.W. against all
Defendants are DISMISSED WITHOUT PREJUDICE because
Tara Michelle Rice has not shown that she is entitled to
assert those claims on her children’s behalf.
Claims by Tara Michelle Rice under 42 USC §1983
against the State of Texas are DISMISSED WITHOUT
PREJUDICE as barred by sovereign immunity.
The remaining federal claims by Tara Michelle Rice
against all Defendants are DISMISSED WITH PREJUDICE for
failure to state a claim.
Supplemental jurisdiction over the state-law claims by
Tara Michelle Rice DECLINED, and those claims are
DISMISSED WITHOUT PREJUDICE.
A final judgment will issue by separate order.
SO ORDERED.
Signed on May 4, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:26-cv-00052 Document 6 Filed 05/04/26 in TXSD Page 2 of 2