Tucker v. Livingston et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 37 is ADOPTED. Tucker is permitted to proceed with his claims against former Director of Chaplaincy Operations Bill Pierce, Region II Chaplain Don Lacy, Islamic Chaplain Akbar N. Shabazz and Coffield Unit Chaplain Danial Rose. Tucker's claims against all of the remaining defendants are DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 03/04/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
GEORGE LEE TUCKER, II, #786947

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VS.

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BRAD LIVINGSTON, ET AL.

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CIVIL ACTION NO. 6:14cv659

ORDER OF PARTIAL DISMISSAL
Plaintiff George Lee Tucker, II, an inmate confined in the Texas prison system, filed the
present civil rights lawsuit in an effort to be permitted to fully exercise his religious beliefs as a
member of the Nation of Gods and Earth (NOGE). The complaint was referred to United States
Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation initially concluding
that Tucker has stated a basis for a potentially meritorious lawsuit and that he should be permitted to
proceed with his claims. The remainder of the Report concerned who should be included in the lawsuit
as defendants. After discussing the law concerning this issue, Magistrate Judge Mitchell concluded
that the Chaplains and members of the Religious Practices Committee identified by Tucker were
appropriately included as defendants. A recommendation was made to dismiss the remaining
defendants. Tucker filed objections. His objections focused on arguments that he should be allowed
to proceed with his lawsuit, but that is not the issue. Magistrate Judge Mitchell found that he should
be permitted to proceed with his lawsuit. The issue at hand concerns who should remain in the lawsuit
and respond to his claims. Tucker has not shown that the recommendation on this issue was incorrect.
The Report of Magistrate Judge Mitchell, which contains her 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 to the Report, the Court is of the opinion that the

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findings and conclusions of the Magistrate Judge are correct, and the objections raised by Tucker lack
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 Report and Recommendation (docket entry #37) is ADOPTED. It is
further
.
ORDERED that Tucker is permitted to proceed with his claims against former Director of
Chaplaincy Operations Bill Pierce, Region II Chaplain Don Lacy, Islamic Chaplain Akbar N. Shabazz
and Coffield Unit Chaplain Danial Rose. It is further
ORDERED that Tucker’s claims against all of the remaining defendants are DISMISSED
with prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
It is SO ORDERED.
SIGNED this 4th day of March, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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