Canales v. Davis et al

Filing 107

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the 41 Motion to Dismiss filed by Duyean Bui and Annuncia Wright be granted in part and denied in part. The Magistrate Judge recommends the Motion to Dismiss as to plaintiff's official capacity claims for monetary damages be granted but denied as to plaintiff's individual capacity claims for deliberate indifference. Signed by District Judge Marcia A. Crone on 1/21/20. (mrp, )

UNITED STATES DISTRICT COURT

RAMIRO CANALES,
Plaintiff,
versus
VIVIAN L. DAVIS, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:16-CV-140

MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Ramiro Canales, an inmate confined at the Mark Stiles Unit with 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 several defendants.
The court referred this matter to the Honorable Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends defendant Wright and Bui’s Motion to Dismiss be granted in
part and denied in part. Specifically, the Magistrate Judge recommends the Motion to Dismiss as
to plaintiff’s official capacity claims for monetary damages be granted but denied as to plaintiff’s
individual capacity claims for deliberate indifference.
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. No
objections to the Report and Recommendation have been filed to date.

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.
SIGNED at Beaumont, Texas, this 21st day of January, 2020.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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