LaFleur v. St. Elizabeth Hospital Staff ER et al

Filing 24

MEMORANDUM ORDER overruling objections and adopting 14 Report and Recommendation. Signed by Judge Ron Clark on 7/2/14. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RONNIE JAMES LAFLEUR, SR. § VS. ST. ELIZABETH HOSPITAL STAFF, et al., § § CIVIL ACTION NO. 1:13-CV-621 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Ronnie James Lafleur, a former pre-trial detainee at the Jefferson County Jail, proceeding pro se and in forma pauperis, brings this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Dr. Eric Wooten, Duty Nurse Kristen Hoffpauir, Duty Nurse Sommer Smith, and St. Elizabeth Hospital Management Supervisors. The court referred this matter 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 plaintiff’s claims against these defendants should be dismissed for failure to state a claim. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Plaintiff filed objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED . R. CIV . P. 72(b). After receiving objections to the Report and Recommendation, the Magistrate Judge entered an order granting plaintiff’s request to amend his complaint and add the defendants the Beaumont Police Department and certain unnamed officers with the Beaumont Police Department. Based on the foregoing, the court finds plaintiff’s objections lacking in merit. ORDER Accordingly, the objections of plaintiff 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. A partial judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. So ORDERED and SIGNED this 2 day of July, 2014. ___________________________________ Ron Clark, United States District Judge 2

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