Marquez v. Livingston et al

Filing 142

ORDER overruling objections and adopting 125 Report and Recommendation. Defts' 26 Partial Motion to Dismiss is granted. The claims against defts Allen, Carter and Livingston are dismissed. Signed by Judge Ron Clark on 9/26/17. (tkd, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ERNEST MARQUEZ § VS. § BRAD LIVINGSTON, ET AL. § CIVIL ACTION NO. 1:16cv286 ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Ernest Marquez, proceeding pro se, filed the above-styled civil rights lawsuit. The court previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable orders of this court. Defendants Livingston, Carter and Allen have filed a partial motion to dismiss (doc. no. 26). The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. without merit. After careful consideration, the court is of the opinion that objections are The Magistrate Judge correctly concluded the Eleventh Amendment to the Constitution makes defendants Livingston, Carter and Allen immune to claims for money damages asserted against them in their official capacities. Further, plaintiff’s allegations fail to demonstrate defendant Livingston had sufficient personal involvement to support a claim against him in his individual capacity. 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 is ADOPTED. The partial motion to dismiss is GRANTED. The claims against defendants Livingston, Carter and Allen in their official capacities, as well as the claims against defendant Livingston in his individual capacity, are DISMISSED. So ORDERED and SIGNED this 26 day of September, 2017. ___________________________________ Ron Clark, United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?