Milazzo v. Young et al
Filing
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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, )
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
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