Dunn et al v. Catoe et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 26 is ADOPTED. Plaintiff may proceed with his religion claims against Warden Jeffrey Catoe, Assistant Warden Stuart Calhoun and Muslim Chaplain Akbar Shabazz. Plaintiff may pr oceed with his denial of access to court claim against Law Library Supervisor John Becraft. Plaintiff's claims against Unit Grievance Investigator Christi Hoisington are DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 11/03/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SHAWN L. DUNN, #1686724

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VS.

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JEFFREY CATOE, ET AL.

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CIVIL ACTION NO. 6:15cv737

ORDER OF PARTIAL DISMISSAL
Plaintiff Shawn L. Dunn, an inmate confined at the Beto Unit of the Texas prison system,
proceeding in forma pauperis and pro se, filed the above-styled and number civil lawsuit. The case
was referred to United States Magistrate Judge John D. Love, who issued a Report and
Recommendation for the disposition of the lawsuit. The Plaintiff has filed objections.
The Report of the Magistrate Judge, which contains his 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 by the Plaintiff to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of
the Plaintiff are without merit. With respect to Plaintiff’s objections about the dismissal of Unit
Grievance Investigator Christi Hoisington, it is specifically noted that the Fifth Circuit has rejected
claims regarding prison officials’ investigations into an inmate’s grievances. Orange v. Ellis, 348
F. App’x 69, 72 (5th Cir. 2009); Dehghani v. Vogelgesang, 226 F. App’x 404, 406 (5th Cir. 2007).
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 (doc. #26) is ADOPTED. It is further

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ORDERED that the Plaintiff may proceed with his religion claims against Warden Jeffrey

Catoe, Assistant Warden Stuart Calhoun and Muslim Chaplain Akbar Shabazz. It is further
ORDERED that the Plaintiff may proceed with his denial of access to court claim against
Law Library Supervisor John Becraft. It is finally
ORDERED that the Plaintiff’s claims against Unit Grievance Investigator Christi Hoisington
are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1).
SIGNED this 3rd day of November, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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