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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ERNEST MARQUEZ

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VS.

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BRAD LIVINGSTON, ET AL.

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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.

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Ron Clark, United States District Judge