Thompson v. Gregg County Jail et al

Filing 36

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 34 Report and Recommendations and 23 Report and Recommendations. Plaintiff's claims are dismissed without prejudice against defendant Gregg County Medical Staff. Plaintiff's claims are f urther dismissed without prejudice for failure to state a claim upon which relief may be granted as to defendants Dr. McDermott and Gregg County Jail. Defendants Dr. White and Nurse Garvin's motion for summary judgment 33 is granted. Plaintiff's claims are dismissed without prejudice for failure to exhaust administrative remedies as to Dr. White and Nurse Garvin. Signed by District Judge J. Campbell Barker on 5/10/2022. (ndc)

Case 6:20-cv-00605-JCB-KNM Document 36 Filed 05/10/22 Page 1 of 2 PageID #: 142

No. 6:20-cv-00605
Bobby Lee Thompson,
Plaintiff,
v.
Gregg County Jail et al.,
Defendants.
ORDER
Plaintiff Bobby Lee Thompson, a former prisoner of the Gregg
County Jail proceeding pro se, filed this lawsuit concerning the
medical care he received while confined in the jail. Doc. 1. The
case was referred to United States Magistrate Judge K. Nicole
Mitchell. Doc. 3.
After plaintiff filed an amended complaint (Doc. 9), which deleted and thus effectively dismissed defendant Gregg County
Medical Staff, the magistrate judge issued a report recommending
dismissal, without prejudice, of the defendants Dr. McDermott
and Gregg County Jail for failure to state a claim upon which relief
may be granted. Doc. 23. Defendants Dr. White and Nurse Garvin
were ordered to answer the lawsuit (Doc. 21), and they filed a motion for summary judgment based upon exhaustion of administrative remedies (Doc. 33). The magistrate judge issued a report recommending that this motion be granted and the claims against
these defendants also be dismissed without prejudice. Doc. 34.
Copies of the magistrate judge’s reports have been sent to
plaintiff but were returned as undeliverable. Docs. 24, 35. Prison
records show plaintiff was released on parole on September 10,
2021. To date, plaintiff has not advised the court of his current
mailing address or present whereabouts. The complaint form he
filed acknowledges that it is his responsibility to keep the court
informed of his current mailing address and failure to do so could

Case 6:20-cv-00605-JCB-KNM Document 36 Filed 05/10/22 Page 2 of 2 PageID #: 143

result in dismissal of the lawsuit. No objections have been filed to
the magistrate judge’s report.
When there have been no timely objections to a magistrate
judge’s report and recommendation, the court reviews it only for
clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,
1420 (5th Cir. 1996). Having reviewed the magistrate judge’s reports, and being satisfied that it contains no clear error, the court
accepts its findings and recommendation. Docs. 23, 34. Plaintiff’s
claims are dismissed without prejudice against defendant Gregg
County Medical Staff. Plaintiff’s claims are further dismissed
without prejudice for failure to state a claim upon which relief may
be granted as to defendants Dr. McDermott and Gregg County
Jail. Defendants Dr. White and Nurse Garvin’s motion for summary judgment (Doc. 33) is granted. Plaintiff’s claims are dismissed without prejudice for failure to exhaust administrative
remedies as to Dr. White and Nurse Garvin.
So ordered by the court on May 10, 2022.

J. C A M P BE L L B A R K E R
United States District Judge

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