Davis v. Zambrano, 2:18-CV-110. (2019)
Court: District Court, S.D. Texas
Number: infdco20190514d41
Visitors: 6
Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of the Magistrate Judge's Memorandum and Recommendation ("M&R") to dismiss certain claims and to retain case, Dkt. No. 10, and Plaintiff's Reply to the M&R, Dkt. No. 12. After independently reviewing the record and applicable law, the Court ADOPTS the M&R, Dkt. No. 10. Accordingly, the Court RETAINS Justin Tyler Davis' ("Davis") deliberate indifference claims against Defendant Kristen Zambrano ("Zambrano"); DISMISSES
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of the Magistrate Judge's Memorandum and Recommendation ("M&R") to dismiss certain claims and to retain case, Dkt. No. 10, and Plaintiff's Reply to the M&R, Dkt. No. 12. After independently reviewing the record and applicable law, the Court ADOPTS the M&R, Dkt. No. 10. Accordingly, the Court RETAINS Justin Tyler Davis' ("Davis") deliberate indifference claims against Defendant Kristen Zambrano ("Zambrano"); DISMISSES ..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court is in receipt of the Magistrate Judge's Memorandum and Recommendation ("M&R") to dismiss certain claims and to retain case, Dkt. No. 10, and Plaintiff's Reply to the M&R, Dkt. No. 12.
After independently reviewing the record and applicable law, the Court ADOPTS the M&R, Dkt. No. 10. Accordingly, the Court RETAINS Justin Tyler Davis' ("Davis") deliberate indifference claims against Defendant Kristen Zambrano ("Zambrano"); DISMISSES WITH PREJUDICE Davis' claims for money damages against Defendants Kenneth Putnam ("Putnam"), Corey Furr ("Furr"), Patricia Chapa ("Chapa") and Bryan Collier ("Collier") in their official capacities because such claims are barred by the Eleventh Amendment; DISMISSES as MOOT Davis' claims for injunctive and declaratory relief based on the conditions of confinement at the McConnell Unit against Defendants Zambrano, Putnam, Furr, and Chapa because Davis has been transferred to another facility; and DISMISSES all of Davis' remaining claims against all Defendants as frivolous and/or for failure to state a claims pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).
Source: Leagle
