Dunn et al v. Catoe et al

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 58 is ADOPTED. Defendants Catoe, Calhoun and Shabazz's motion to dismiss 37 is GRANTED and the claims against them are DISMISSED with prejudice. Defendant Becraft' s motion to dismiss is GRANTED, although it only concerns official capacity claims against him for monetary damages, and the Plaintiff may otherwise continue to proceed against him with his denial of access to court claim. Signed by Judge Michael H. Schneider on 02/23/16. (mll, )

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

§

VS.

§

JEFFREY CATOE, ET AL.

§

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 (docket entry #58) for the disposition of the lawsuit. The Plaintiff has filed
objections (docket entry #63).
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 the Plaintiff’s objections about the new prison policy regarding beards, he
complains that the new policy requires inmates to cut their beards on their birthdays. His objections
raise a new claim that was not in his complaint. Issues raised for the first time in objections are not
properly before the Court. Cupit v. Whitley, 28 F.3d 532, 535 n.5 (5th Cir. 1994); Harrison v. Smith,
83 F. App’x 630, 631 (5th Cir. 2003). Therefore the Court hereby adopts the findings and conclusions
of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly

1

ORDERED that the Report and Recommendation (docket entry #58) is ADOPTED. It is
.

further
ORDERED that Defendants Catoe, Calhoun and Shabazz’s motion to dismiss (docket entry
#37) is GRANTED and the claims against them are DISMISSED with prejudice. It is further
ORDERED Defendant Becraft’s motion to dismiss is GRANTED, although it only concerns
official capacity claims against him for monetary damages, and the Plaintiff may otherwise continue
to proceed against him with his denial of access to court claim.
It is SO ORDERED.
SIGNED this 23rd day of February, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2