Wolf v. Webb et al

Filing 22

ORDER ADOPTING 14 Report and Recommendations. Plaintiff may proceed with his retaliation, deliberate indifference to serious medical needs, excessive use of force and Americans with Disabilities Act claims against Defendants Black, Sims, Owen and Kazmierczak. Plaintiffs remaining claims are DISMISSED with prejudice. Signed by Judge Leonard Davis on 09/06/11. cc:pltf 9-06-11(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DAVID PAUL WOLF, #468145 § VS. § N. WEBB, ET AL. § CIVIL ACTION NO. 6:11cv255 ORDER OF PARTIAL DISMISSAL Plaintiff David Paul Wolf, a prisoner confined in the Texas prison system, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil lawsuit. The complaint was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation (docket entry #14) concerning the disposition of the lawsuit. The Plaintiff has filed objections (docket entry #21). The Report of the Magistrate Judge, which contains 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, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections 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 Plaintiff may proceed with his retaliation, deliberate indifference to serious medical needs, excessive us of force and Americans with Disabilities Act claims against Defendants Black, Sims, Owen and Kazmierczak. It is further 1 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 6th day of September, 2011. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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