Garcia v. Goings et al

Filing 23

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Defendants' 12 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 by Judge Marcia A. Crone on 3/7/11. (mrp, )

Garcia v. Goings et al

Doc. 23

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

DANIEL GARCIA, Plaintiff, versus REGINALD GOINGS, et al., Defendants.

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CIVIL ACTION NO. 1:09-CV-986

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Daniel Garcia, proceeding pro se, filed this lawsuit pursuant to 42 U.S.C. § 1983. The court previously referred this matter to the Honorable Keith F. Giblin, 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 the Report and Recommendation, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections in light of the pleadings and applicable law. After careful consideration, the court is of the opinion the objections are without merit.

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ORDER Accordingly, plaintiff's objections are OVERRULED. 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. The court notes plaintiff has

. filed a Rule 7 reply along with his objections. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 7th day of March, 2011.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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