Opinion
Civil Action No. 3:01-CV-0953-M
March 7, 2002
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions and Recommendations of United States Magistrate Judge Paul D. Stickney dated January 7, 2002 on Defendant District Judges Paul Banner and John Ovard's Motion to Dismiss Under Rule 12(b)(6). Plaintiff filed objections, and the District Court has made a de novo review of those portions of the proposed Findings, Conclusions and Recommendation to which objection was made. The objections are overruled, and the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. The Court also concludes that Plaintiff's suit is, in effect, an attempt to litigate and relitigate matters over which this Court does not have jurisdiction, either because they have already been adjudicated in state or federal court or should have first been presented to state court. See Owen Equipment Erection Co. Kroger, 437 U.S. 365 (1978); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983); Musslewhite v. State Bar of Texas, 39 F.3d 942 (5th Cir. 1994), cert. denied, 515 U.S. 1103 (1995). See also Liptak v. Strasburger Price, No. 3:98-CV-0897-G (Fish, J.), Opinions of April 10, 1998 and April 24, 1998.
Defendant District Judges Paul Banner and John Ovard's Motion to Dismiss Under Rule 12(b)(6), filed November 26, 2001, is GRANTED. Defendants Banner and Ovard are DISMISSED WITH PREJUDICE, with costs of court taxed against Plaintiff.