Elawyers Elawyers
Washington| Change

BROUSSARD v. STEPHENS, 2:13-CV-00211. (2014)

Court: District Court, S.D. Texas Number: infdco20141229633 Visitors: 25
Filed: Dec. 16, 2014
Latest Update: Dec. 16, 2014
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON PENDING MOTION TO DISMISS NELVA GONZALES RAMOS, District Judge. On October 28, 2014, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation on Pending Motion to Dismiss" (D.E. 33). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. 636(b)(1); General Order No. 2002-13. No objections have been filed. Wh
More

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON PENDING MOTION TO DISMISS

NELVA GONZALES RAMOS, District Judge.

On October 28, 2014, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation on Pending Motion to Dismiss" (D.E. 33). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.

When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 33), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the motion to dismiss (D.E. 27) is GRANTED and this action is DISMISSED as to Defendants Director Joe Grimes, Warden Gary Currie, Warden Matt Barber, and Deputy Director Carol Monroe. Plaintiff's remaining claims for a declaratory judgment and prospective injunctive relief are properly retained against TDCJ-CID Director William Stephens.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer