Cross v. Sweat et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 42 Report and Recommendations, and denying as moot 37 Motion for Miscellaneous Relief, filed by Ashick Katrel Cross, and granting-in-part and denying-in-part 31 Motion to Dismiss filed by Carol Monroe. Warden Monroe is dismissed in his official capacity, but the claims against Warden Monroe in his individual capacity survive. Signed by District Judge Richard A. Schell on 9/29/2019. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ASHICK KATREL CROSS, #1779800,
Plaintiff,
v.
MABLE G. SWEAT, MICHAEL O.
CASTEEL,
HOUSTON
JACKSON,
DEREK W. LIGHT, MATTHEW L.
BENTON, CAROL MONROE,
Defendants.

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CIVIL ACTION NO. 6:18-CV-00276-RAS

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On June 18, 2019, the Magistrate Judge issued
a Report and Recommendation (Doc. No. 42), recommending that Warden Monroe’s Motion to
Dismiss (Doc. No. 31) be granted-in-part and denied-in-part and that Plaintiff’s Motion for
Ruling Denying Defendant’s Motion to Dismiss (Doc. No. 37) be denied as moot. Plaintiff
acknowledged receipt of this Report and Recommendation on June 26, 2019. (Doc. No. 44.) No
objections to the Report and Recommendation have been presented for consideration within
the prescribed time period for such objections. Therefore, the court adopts the Report
and Recommendation of the United States Magistrate Judge (Doc. No. 42) as the findings of
this court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Doc. No. 42)
is ADOPTED, Warden Monroe’s Motion (Doc. No. 31) is GRANTED-IN-PART and
DENIED-IN-PART, and Plaintiff’s Motion (Doc. No. 37) is DENIED as MOOT.

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Specifically, the court ORDERS that Warden Monroe is dismissed in his official capacity, but
the claims against Warden Monroe in his individual capacity survive.

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SIGNED this the 29th day of September, 2019.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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