Ross v. Dickerson et al

Filing 69

MEMORANDUM ORDER overruling Plaintiff's objections and adopting the magistrate judge's 64 Report and Recommendation. Defendants' motion to dismiss (#29) is granted, in part, and denied, in part. Signed by Judge Marcia A. Crone on 3/30/2015. (bjc, )

UNITED STATES DISTRICT COURT

RICKY EUGENE ROSS,
Plaintiff,
versus
KENT DICKERSON, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-275

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Ricky Eugene Ross, a former prisoner, proceeding pro se and in forma pauperis,
brought this civil rights action pursuant to 42 U.S.C. § 1983 against Kent Dickerson, Rick Thaler,
Richard D. Alford, Brad Livingston, Nurse Owens, Christy J. Broussard, Aaron J. Thompkins,
Monica M. Goodman, Brenda L. Grogan, Marilyn H. Harmon, Vivian L. Davis, Debra Harrell,
Darren B. Wallace, James E. Barefield, and Alex D. Mayfield.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United
States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and
orders of this court. The magistrate judge recommends granting defendants’ motion to dismiss
defendants Rick Thaler, Brad Livingston, and Alex Mayfield from this action. The magistrate
judge recommends granting defendants’ motion to dismiss plaintiff’s CPAP claims against
defendants Thompkins, Grogan, Wallace, Harmon, Goodman, and Davis. The magistrate judge
also recommends dismissing the claims against defendants Broussard, Thompkins, Goodman,
Grogan, Harmon, Davis, and Wallace in their official capacities. Finally, the magistrate judge
recommends denying the motion to dismiss in all other respects.

The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed
objections to the magistrate judge’s Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes
the objections are without merit.
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 (#64)
is ADOPTED. Defendants’ motion to dismiss (#29) is GRANTED, in part, and DENIED, in
part. A partial judgment will be entered in accordance with the magistrate judge’s report and

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recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 30th day of March, 2015.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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