Chapa v. Livingston et al

Filing 37

MEMORANDUM ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS. Defendants' motion to dismiss the claims against them in their official capacities is GRANTED. In all other respects, defendants'motion to dismiss for failure to state a claimis DENIED. Defendants motion for a Rule 7 reply is GRANTED. Signed by Judge Marcia A. Crone on 9/23/10. (pkb, )

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Chapa v. Livingston et al Doc. 37 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DEXTER LEON CHAPA, Plaintiff, versus BRAD LIVINGSTON, et al., Defendants. CIVIL ACTION NO. 1:09-CV-398 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Dexter Leon Chapa, a prisoner previously confined at the Larry Gist State Jail, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983 against Brad Livingston and Reginald Goings. The court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends granting defendants' motion to dismiss the claims against them in their official capacities; denying the remainder of defendants' motion to dismiss for failure to state a claim upon which relief may be granted; and granting defendants' motion for a Rule 7 reply. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. Dockets.Justia.com 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. Defendants' motion to dismiss the claims against them in their official capacities is GRANTED. In all other respects, defendants' motion to dismiss for failure to state a claim is DENIED. Defendants' motion for a Rule 7 reply is GRANTED. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 23rd day of September, 2010. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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