Purdy v. Tompkins et al

Filing 26

MEMORANDUM ORDER adopting 21 Report and Recommendations and overruling 23 Objections to the Report and Recommendations. The exercise of supplemental jurisdiction is declined. Signed by District Judge Michael J. Truncale on 3/11/2025. (CC: by mail, Purdy). (KMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
GEORGE EDWARD PURDY

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VS.

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AARON J. TOMPKINS, ET AL.

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CIVIL ACTION NO. 1:21cv591

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Geroge Edward Purdy, an inmate at the LeBlanc Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled
lawsuit.
The court referred this matter 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 the action be dismissed with prejudice for failing to state a claim
upon which relief may be granted. Additionally, the magistrate judge recommended declining the
exercise of supplemental jurisdiction.
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 concludes plaintiff’s objections are without merit.
Plaintiff’s allegations amount to no more than a disagreement with medical professionals, medical
malpractice, or negligence.

Plaintiff’s claims do not rise to the level of egregious intentional

conduct as required to state a claim for deliberate indifference under the Eighth Amendment. See
Gobert v. Caldwell, 463 F.3d 339, 351 (5th Cir. 2006).
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
exercise of supplemental jurisdiction is DECLINED. A final judgment will be entered in this case
in accordance with the Magistrate Judge’s recommendations.

SIGNED this 11th day of March, 2025.

____________________________
Michael J. Truncale
United States District Judge

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