Laird v. Gower et al

Filing 23

ORDER ADOPTING 16 Report and Recommendations. Pltf may proceed with his deliberate indifference to safety claim against Gerald B Gower, Jr. Pltf's remaining claims are DISMISSED with prejudice. Signed by Judge Leonard Davis on 09/24/08. cc:pltf 9-24-08(mll, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION HAROLD M. LAIRD, #659512 VS . GERALD B. GOWER, ET AL. § § § CIVIL ACTION NO. 6:08cv131

ORDER OF PARTIAL DISMISSAL Plaintiff Harold M. Laird, an inmate confined at the Coffield Unit, proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the Plaintiff's should be permitted to proceed with his deliberate indifference to safety claim against Gerald B. Gower, Jr., and that his remaining claims should be dismissed. 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 of 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 Plaintiff may proceed with his deliberate indifference to safety claim against Gerald B. Gower, Jr. It is further

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ORDERED that the Plaintiff's remaining claims are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1).

So ORDERED and SIGNED this 24th day of September, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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