Milazzo v. Young et al

Filing 32

ORDER ADOPTING 28 Report and Recommendations. It is ORDERED that Defendants Texas Department of Criminal Justice, Warden Wheat, Capt Funai and "Unknown Officer" are dismissed from this case. It is further ORDERED that Defendant Sergeant Young be ordered to answer the claims of excessive use of force against Plaintiff on or about November 19, 2009 and of retaliation related to the same incident. Signed by Judge Michael H. Schneider on 1/4/2012. (leh, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION KEVIN MILAZZO, #1385992 § VS. § SGT LEONARD D. YOUNG, ET AL. § CIVIL ACTION NO. 6:11CV350 ORDER ADOPTING REPORT AND RECOMMENDATION The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Judith K. Guthrie. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, recommends that Plaintiff’s claims against Defendants Texas Department of Criminal Justice, Warden Wheat, Capt. Funai and “Unknown Officer” be dismissed. It further recommends that Defendant Sergeant Young be required to answer the claim of excessive use of force against Plaintiff on or about November 19, 2009, and of retaliation related to the same incident. No objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court. It is therefore ORDERED that Defendants Texas Department of Criminal Justice, Warden Wheat, Capt. Funai and “Unknown Officer” are hereby dismissed. It is further . ORDERED that Defendant Sergeant Young shall be ordered to answer the claims of excessive use of force against Plaintiff on or about November 19, 2009, and of retaliation related to the same incident. It is SO ORDERED. SIGNED this 4th day of January, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?