Spencer v. August et al

Filing 46

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 34 Report and Recommendation. Signed by District Judge Marcia A. Crone on 9/23/2019. (bjc, )

UNITED STATES DISTRICT COURT

JEREMY P. SPENCER,
Plaintiff,
versus
FNU AUGUST, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-63

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Jeremy P. Spencer, a former pre-trial detainee at the Jefferson County
Correctional Facility, proceeding pro se and in forma pauperis, filed this civil rights complaint
pursuant to 42 U.S.C. § 1983 against the following defendants: Jefferson County Correctional
Facility Medical Staff, Jefferson County Correctional Facility Psych Doctors, Jodi Lynn Shearer
Simon and Jennifer Esclovon.
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 dismissing plaintiff’s claims against defendants Jefferson
County Correctional Facility Medical Staff and Jefferson County Correctional Facility for failure
to state a claim and as frivolous.
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 the applicable law. See FED. R. CIV. P.
72(b).
After careful consideration, the court finds plaintiff’s objections are without merit.
Plaintiff reiterates that the individual defendants Jodi Lynn Shearer Simon and Jennifer Esclovon
were employed by the Jefferson County Correctional Facility in the Psych and Medical
Department. The Court recently ordered that these individual defendants be served. Plaintiff
offers no specific objection to the dismissal of the non-jural entities and has failed to show these
entities have the capacity to be sued. Darby, 939 F.2d at 314.
ORDER
Accordingly, the objections of the 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 accordance with the recommendations of the
Magistrate Judge.

Signed this date
Sep 23, 2019

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