Sanchez v. Kyle et al

Filing 28

ORDER adopting 23 Report and Recommendation. Defts' 18 Motion to Dismiss is granted with respect to the claims against deft Como in both his official and individual capacities, as well as with respect to any claim for money damages again st deft Kyle in his official capacity. The motion is denied with respect to the claim against deft Kyle in his individual capacity, as well as with respect to the claim against deft Kyle for declaratory relief in his official capacity. Deft Henry Como is dismissed from this lawsuit. Signed by Judge Ron Clark on 3/8/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
AMADOR G. SANCHEZ, JR.

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VS.

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DAMION KYLE, ET AL.

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CIVIL ACTION NO. 1:13cv713

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Amador G. Sanchez, Jr., proceeding pro se, filed the above-styled civil rights lawsuit against
Damion Kyle and Henry Como. The court referred this matter to the Honorable Zack Hawthorn,
United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636 and applicable orders
of this court.
The defendants have filed a motion to dismiss (doc. no. 18). The Magistrate Judge has
submitted a Report and Recommendation of United States Magistrate Judge concerning the motion.
The Magistrate Judge recommends the motion be granted with respect to the claims against
defendant Como in both his official and individual capacities, as well as with respect to any claim
for money damages against defendant Kyle in his official capacity.

The Magistrate Judge

recommends the motion be denied with respect to the claim against defendant Kyle in his individual
capacity, as well as with respect to the claim against defendant Kyle for declaratory relief in his
official capacity
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. No objections were filed to the Report and
Recommendation.
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 as the opinion of the court. The motion to
dismiss is GRANTED with respect to the claims against defendant Como in both his official and

individual capacities, as well as with respect to any claim for money damages against defendant Kyle
in his official capacity. The motion is DENIED with respect to the claim against defendant Kyle
in his individual capacity, as well as with respect to the claim against defendant Kyle for declaratory
relief in his official capacity. Defendant Como is DISMISSED from this lawsuit.

So ORDERED and SIGNED this 8 day of March, 2016.

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Ron Clark, United States District Judge