Rojas v. Martinez, 2:18-CV-00238. (2019)
Court: District Court, S.D. Texas
Number: infdco20191217h79
Visitors: 4
Filed: Dec. 16, 2019
Latest Update: Dec. 16, 2019
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Magistrate Judge B. Janice Ellington's Memorandum and Recommendation ("M&R") to Dismiss Certain Claims and Retain Case, Dkt. No. 12. No objections have been filed by the Plaintiff Manuel Rojas ("Rojas"). The Magistrate Judge recommends retaining Rojas's retaliation claim against one defendant in his individual capacity. Dkt. No. 12. The Magistrate Judge also recommends dismissing claims for money damages against Defend
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Magistrate Judge B. Janice Ellington's Memorandum and Recommendation ("M&R") to Dismiss Certain Claims and Retain Case, Dkt. No. 12. No objections have been filed by the Plaintiff Manuel Rojas ("Rojas"). The Magistrate Judge recommends retaining Rojas's retaliation claim against one defendant in his individual capacity. Dkt. No. 12. The Magistrate Judge also recommends dismissing claims for money damages against Defenda..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court is in receipt of Magistrate Judge B. Janice Ellington's Memorandum and Recommendation ("M&R") to Dismiss Certain Claims and Retain Case, Dkt. No. 12. No objections have been filed by the Plaintiff Manuel Rojas ("Rojas").
The Magistrate Judge recommends retaining Rojas's retaliation claim against one defendant in his individual capacity. Dkt. No. 12. The Magistrate Judge also recommends dismissing claims for money damages against Defendants in their official capacities as barred by the Eleventh Amendment and dismissing remaining claims as frivolous or failing to state a claim under 28 U.S.C. 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).
After independently reviewing the filings, the record, and applicable law, the Court ADOPTS the M&R, Dkt. No. 12. Accordingly, the Court retains the retaliation claim against Guard Vicente Martinez in his individual capacity and dismisses all other claims.
Source: Leagle
