Cudjo v. Delarosa et al

Filing 43

ORDER ADOPTING 14 Report and Recommendations, and dismissing the Coffield Unit Classification Office with prejudice. Signed by Judge Leonard Davis on 04/30/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JIMMIE CUDJO

§

v.

§

GUILLERMO DELAROSA, ET AL.

§

CIVIL ACTION NO. 6:12cv334

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND DISMISSING COFFIELD UNIT CLASSIFICATION OFFICE
The Plaintiff Jimmie Cudjo. proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights in the Texas Department of
Criminal Justice, Correctional Institutions Division. This Court ordered that the case be referred to
the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order
for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
One of the named Defendants in the lawsuit is the “Coffield Unit Classification Office.” The
Magistrate Judge issued a Report recommending that this Defendant be dismissed from the lawsuit
because the classification office has no separate legal existence and cannot be sued in its own name.
See Darby v. Pasadena Police Department, 939 F.2d 311, 313 (5th Cir. 1991). Cudjo did not file
objections to this Report; accordingly, he is barred from de novo review by the district judge of those
findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate
review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted
by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
1

(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 14) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Coffield Unit Classification Office is hereby DISMISSED with prejudice
as a defendant in this case.
So ORDERED and SIGNED this 30th day of April, 2013.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

2