Million v. GROUNDS et al

Filing 34

ORDER OF PARTIAL DISMISSAL. It is ORDERED that the 24 REPORT AND RECOMMENDATIONS is ADOPTED. It is further ORDERED that the 12 Motion for Summary Judgment filed by D. Moor, FNU Neal, DAWN E GROUNDS, and the 17 Motion for Summary Judgment filed by D. Moor, DAWN E GROUNDS are GRANTED, in part, and DENIED, in part. Signed by Judge Michael H. Schneider on 6/17/14. (bas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
EARL RAYMOND MILLION, #1170997

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VS.

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DAWN E. GROUNDS, ET AL.

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CIVIL ACTION NO. 5:14cv11

ORDER OF PARTIAL DISMISSAL
Plaintiff Earl Raymond Million, an inmate previously confined at the Telford Unit of the Texas
prison system, proceeding pro se, filed the above-styled and numbered civil lawsuit. The complaint
was referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and
Recommendation finding that the Defendants’ motion for summary judgment limited to exhaustion
of administrative remedies should be granted, in part, and denied, in part. The Plaintiff has filed
objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by the Plaintiff to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections raised
by the Plaintiff are without merit. Therefore the Court hereby adopts the findings and conclusions of
the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Report and Recommendation (docket entry #24) is ADOPTED. It is
further
ORDERED that the Defendants’ motion for summary judgment limited to exhaustion of
administrative remedies (docket entry nos. 12 and 17) is GRANTED, in part, and DENIED, in part.
It is further
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ORDERED that the Plaintiff is permitted to proceed with his claim that he was injured when
an overhead exhaust system collapsed on him while he was showering on March 7, 2012 against
Defendants Neal, Choat, King and Grounds. It is further
ORDERED that all other claims, particularly the claims against Lt. Diane Moore, are
DISMISSED with prejudice for failure to exhaust administrative remedies.
It is SO ORDERED.
SIGNED this 17th day of June, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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