Castro v. Ashbrook et al
Filing
21
ORDER ADOPTING 17 Report and Recommendations. Plaintiff may proceed with his excessive use of force claim against Sgt. Lee, Lt. Randall, Lt. Christopher, Officer Rosales and Officer Sykes. Plaintiff may proceed with his deliberate indifference to s erious medical needs claim against Nurse Ashford. Plaintiff may proceed with his retaliation claims against Sgt. Lee, Lt.Randall, Lt. Gibson, Lt. Christopher, Officer Rosales and Officer Sykes. Plaintiffs remaining claims are DISMISSED with prejudice. Signed by Judge Leonard Davis on 04/20/12. cc:pltf 4-20-12(mll, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
STEVEN CASTRO, #1669567
§
VS.
§
MARC ASHBROOK, ET AL.
§
CIVIL ACTION NO. 6:11cv673
ORDER OF PARTIAL DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge John D. Love. The Report and Recommendation of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been
presented for consideration, and 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 the Plaintiff may proceed with his deliberate indifference to safety claims
made against Sgt. Lee, Lt. Randall, Lt. Gibson, Coffield Unit Chief of Classification Frances, Lt.
Christopher, Officer Rosales and Officer Sykes. It is further
ORDERED that the Plaintiff may proceed with his excessive use of force claim against Sgt.
Lee, Lt. Randall, Lt. Christopher, Officer Rosales and Officer Sykes. It is further
ORDERED that the Plaintiff may proceed with his deliberate indifference to serious medical
needs claim against Nurse Ashford. It is further
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ORDERED that the Plaintiff may proceed with his retaliation claims against Sgt. Lee, Lt.
Randall, Lt. Gibson, Lt. Christopher, Officer Rosales and Officer Sykes. It is finally
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 20th day of April, 2012.
__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE
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