Gladden, Sr. v. Barber, 2:16-CV-411. (2018)
Court: District Court, S.D. Texas
Number: infdco20180201g75
Visitors: 13
Filed: Jan. 31, 2018
Latest Update: Jan. 31, 2018
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court has before it the December 15, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 19), recommending that the Court retain certain claims and dismiss others; Defendants' Partial Motion for Summary Judgment for Failure to Properly Exhaust All Available Administrative Remedies (Dkt. No. 27); the Magistrate Judge's June 16, 2017, M&R recommending that the Court grant the motion (Dkt.
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court has before it the December 15, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 19), recommending that the Court retain certain claims and dismiss others; Defendants' Partial Motion for Summary Judgment for Failure to Properly Exhaust All Available Administrative Remedies (Dkt. No. 27); the Magistrate Judge's June 16, 2017, M&R recommending that the Court grant the motion (Dkt. ..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court has before it the December 15, 2016, Memorandum and Recommendation ("M&R") of the Magistrate Judge to whom this case was referred (Dkt. No. 19), recommending that the Court retain certain claims and dismiss others; Defendants' Partial Motion for Summary Judgment for Failure to Properly Exhaust All Available Administrative Remedies (Dkt. No. 27); the Magistrate Judge's June 16, 2017, M&R recommending that the Court grant the motion (Dkt. No. 36); and Plaintiff's objections to both M&Rs (Dkt. Nos. 21, 39).
After an independent review of the record and applicable law, the Court OVERRULES Plaintiff's objections (Dkt. Nos. 21, 39). Accordingly, the Court ORDERS the following:
• First, the Court ADOPTS the Magistrate Judge's December 15, 2016, M&R (Dkt. No. 19). The Court therefore RETAINS Plaintiff's excessive force claim against Sergeant Salinas and Sergeant Mackey and DISMISSES Plaintiff's remaining claims against all other defendants except Warden Martinez.
• Second, the Court ADOPTS the Magistrate Judge's June 16, 2017, M&R (Dkt. No. 36). The Court therefore GRANTS Defendants' Motion for Partial Summary Judgment (Dkt. No. 27) and DISMISSES WITHOUT PREJUDICE the above-captioned action for non-exhaustion of administrative remedies.
Final Judgment will be entered separately in accordance with Federal Rule of Civil Procedure 58.
Source: Leagle
