Gurrola v. Bowles et al

Filing 42

ORDER adopting 35 Report and Recommendation re 30 Motion to Dismiss. Motion is denied with respect to the excessive force claims against defts Bowles, Levias and Neal. Motion is granted with respect to the Equal Protection claim against defts Levias and Bowles. Motion is granted with respect to the claims brought against the defts in their official capacities. Signed by Judge Ron Clark on 9/9/15. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOSE ANTONIO GURROLA

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VS.

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SCHUYLER LEVIAS, ET AL.

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CIVIL ACTION NO. 1:13-CV-388

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jose Antonio Gurrola, a prisoner confined at the Stiles Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis,
filed this civil rights action pursuant to 42 U.S.C. § 1983 against Schuyler Levias, Rockella Neal,
Officer Collins, Dr. Bean, and Kevin Bowles.
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 denying defendants’ motion to dismiss the excessive
force claims against defendants Bowles, Levias, and Neal in their individual capacities. The
Magistrate Judge also recommends granting the motion to dismiss with respect to the Equal
Protection claim against defendants Levias and Bowles, and with respect to the claims brought
against the defendants in their official capacities.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge 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 (docket entry #35) is ADOPTED. Defendants’ motion to
dismiss (docket entry #30) is DENIED with respect to the excessive force claims against defendants
Bowles, Levias, and Neal. Defendants’ motion to dismiss is GRANTED with respect to the Equal

Protection claim against defendants Levias and Bowles. Defendants’ motion to dismiss is
GRANTED with respect to the claims brought against the defendants in their official capacities.
So ORDERED and SIGNED this 9 day of September, 2015.

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Ron Clark, United States District Judge

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