Richards v. Captain Villarreal, 2:16-CV-221. (2018)
Court: District Court, S.D. Texas
Number: infdco20180202h59
Visitors: 14
Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court has before it the October 31, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 16), recommending that the Court dismiss certain claims as barred by the Eleventh Amendment and retain others; Defendants' Motion to Dismiss (Dkt. No. 36); and the Magistrate Judge's September 7, 2017, M&R recommending that the Court deny the motion (Dkt. No. 37). The deadlines to file objections to
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court has before it the October 31, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 16), recommending that the Court dismiss certain claims as barred by the Eleventh Amendment and retain others; Defendants' Motion to Dismiss (Dkt. No. 36); and the Magistrate Judge's September 7, 2017, M&R recommending that the Court deny the motion (Dkt. No. 37). The deadlines to file objections to t..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court has before it the October 31, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 16), recommending that the Court dismiss certain claims as barred by the Eleventh Amendment and retain others; Defendants' Motion to Dismiss (Dkt. No. 36); and the Magistrate Judge's September 7, 2017, M&R recommending that the Court deny the motion (Dkt. No. 37). The deadlines to file objections to the M&Rs have passed, and no objections have been filed. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections); see also M&Rs, Dkt. No. 16 at 9 and Dkt. No. 37 at 8 (advising parties of the 14-day deadline).
In their motion to dismiss, Defendants argue that Plaintiff's claims are time-barred by the applicable statute of limitations. Dkt. No. 36. The Magistrate Judge recommends that the Court deny the motion to dismiss because the statute of limitations was tolled while Plaintiff exhausted his administrative remedies. Dkt. No. 37 at 5-6.
After independently reviewing the record and considering the applicable law, this Court:
• ADOPTS the Magistrate Judge's October 31, 2016, M&R (Dkt. No. 16) and DISMISSES WITH PREJUDICE Plaintiff's claims against Defendants in their official capacities for money damages as barred by the Eleventh Amendment; and
• ADOPTS the Magistrate Judge's September 7, 2017, M&R (Dkt. No. 37) and DENIES Defendant's Motion to Dismiss (Dkt. No. 36).
Source: Leagle
