Haynes v. Assava et al

Filing 54

ORDER adopting 30 and 51 Report and Recommendations. Ordered that the Plaintiffs claims, which were made in forma pauperis against the Defendant Warden Rupert, are dismissed with prejudice as frivolous and for failure to state a claim upon which relief may be granted. Ordered that the motions for summary judgment by the Defendants Dr. Wright and Nurse Practitioner Assava (docket no. 49) and Deanna Francis (docket no. 41) and the motion to dismiss by the Defendant Pamela Pace (docket no. 35) are granted and the claims against these Defendants are dismissed with prejudice. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by District Judge Ron Clark on 2/25/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOSEPH HENRY EDWARD HAYNES

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v.

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JACINTA ASSAVA, ET AL.

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CIVIL ACTION NO. 6:16cv1136

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Joseph Haynes, a prisoner of the Texas Department of Criminal Justice,
Correctional Institutions Division proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights during his confinement in the
Gregg County Jail. 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. The named Defendants are:
Nurse Practitioner Jacinta Assava, classification officer Deanna Francis, Coffield Unit clinic
manager Pamela Pace, Unit Warden James Rupert, and Dr. Gary Wright. A Report has previously
issued recommending dismissal of Warden Rupert, to which no objections have been filed.
Haynes complained that the Defendants were deliberately indifferent to his medical needs
and safety. The Defendants Dr. Wright and Nurse Practitioner Assava filed a motion for summary
judgment, and Deanna Francis filed a separate motion for summary judgment. Pace filed a motion
to dismiss.
After review of the pleadings, the Magistrate Judge issued a Report recommending that the
Defendants’ motions for summary judgment and to dismiss be granted and the lawsuit dismissed
with prejudice. Haynes received a copy of the Report on January 23, 2019, but filed no objections
thereto; accordingly, he is barred from de novo review by the District Judge of those findings,
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conclusions, and recommendations and, except upon grounds of plain error, from appellate review
of the unobjected-to 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 Reports of the Magistrate Judge.
Upon such review, the Court has determined that the Reports of the Magistrate Judge are correct.
See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct.
3243 (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 Reports of the Magistrate Judge (docket no.’s 30 and 51) are hereby
ADOPTED as the opinion of the District Court. It is further
ORDERED that the Plaintiff’s claims, which were made in forma pauperis against
the Defendant Warden Rupert, are DISMISSED WITH PREJUDICE as frivolous and for
failure to state a claim upon which relief may be granted. It is further
ORDERED that the motions for summary judgment by the Defendants Dr. Wright and
Nurse Practitioner Assava (docket no. 49) and Deanna Francis (docket no. 41) and the motion to
dismiss by the Defendant Pamela Pace (docket no. 35) are GRANTED and the claims against these
Defendants are DISMISSED WITH PREJUDICE. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So ORDERED and SIGNED February 25, 2019.

____________________________
Ron Clark, Senior District Judge

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