Frost v. Martin et al

Filing 22

MEMORANDUM ORDER adopting 20 Report and Recommendation. Defts' 18 Motion for Judgment on the Pleadings is granted. The claims against deft Martin in his official capacity, as well as the claims against defts Jackson, Doughty and Johnson in their official capacities and individual capacities, are dismissed. Signed by Judge Ron Clark on 9/21/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION KENNETH LEE FROST VS. RENADE R. MARTIN § § § CIVIL ACTION NO. 1:08cv65

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Kenneth Lee Frost, proceeding pro se, filed the above-styled lawsuit pursuant to 42 U.S.C. § 1983 against Renade R. Martin, John Jackson, David Doughty and Gary Johnson. The court previously referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable orders of this court. The defendants have filed a joint motion for judgment on the pleadings in which they ask that the claims asserted against defendant Martin in his official capacity, as well as the claims asserted against the remaining defendants in their official and individual capacities, be dismissed. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge concerning the motion. The magistrate judge recommends the motion be granted and the claims described above dismissed. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. No objections to the Report and Recommendation were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. The motion for judgment on the pleadings is GRANTED. The claims asserted against defendant Martin in his official capacity,

as well as the claims asserted against defendants Jackson, Doughty and Johnson in their official and individual capacities, are DISMISSED.

So ORDERED and SIGNED this 21 day of September, 2009.

___________________________________ Ron Clark, United States District Judge