Hamby v. Wright et al

Filing 31

MEMORANDUM ORDER overruling plaintiff's objections and adopting the magistrate judge's 26 Report and Recommendation. Defendants' 23 motion to dismiss the claims against them in their official capacities for damages is granted. In all other respects the motion to dismiss is denied. Signed by District Judge Thad Heartfield on 9/7/2021. (bjc, )

Case 1:20-cv-00185-TH-ZJH Document 31 Filed 09/07/21 Page 1 of 2 PageID #: 171

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JACKIE HAMBY

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VS.

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MARK J. RICHARDS, ET AL.

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CIVIL ACTION NO. 1:20-CV-185

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jackie Hamby, a prisoner confined at the Hightower Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The magistrate judge recommends granting defendants’ motion to dismiss to the extent
that the claims against them in their official capacities for damages should be granted, and dismissing
the motion in all other respects.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and the 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. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and
the relevant case law, the court concludes that plaintiff’s objections lack merit.

Case 1:20-cv-00185-TH-ZJH Document 31 Filed 09/07/21 Page 2 of 2 PageID #: 172

ORDER
Accordingly, plaintiff’s objections (document no. 27) are OVERRULED. The findings of
fact and the conclusions of law of the magistrate judge are correct, and the report and
recommendation of the magistrate judge (document no. 26) is ADOPTED. Defendants’ motion to
dismiss the claims against them in their official capacities for damages (document no. 23) is
GRANTED. In all other respects the motion to dismiss is DENIED.
SIGNED this the 7 day of September, 2021.

____________________________
Thad Heartfield
United States District Judge

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