Colgrove v. Gibson et al

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS. Defendants UTMB, Oliver, Rescano, Mayfield, Crawford, Hicks and Sanford are hereby dismissed as frivolously named. Sgt. Luna-Brooks is dismissed from this lawsuit as improvidently transferred to this C ourt. Med Tech Langham/Farmer is terminated from the docket of this matter. Defendants Med Techs Gibson, Brice and Jane Doe shall be ordered to answer the claim of deliberate indifference to Plaintiff' s medical needs. Signed by Judge Ron Clark on 12/21/11. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

RAY COLGROVE

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VS.

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MED TECH GIBSON, ET AL.

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CIVIL ACTION NO.9:11cv100

ORDER ADOPTING REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Judith K. Guthrie. The Report and Recommendation of the Magistrate Judge,
which contains proposed findings of fact and recommendations for the disposition of such action,
recommends that Plaintiff’s claims against Defendants UTMB, Oliver, Rescano, Mayfield,
Crawford, Hicks and Sanford be dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and that
Sgt. Luna-Brooks be dismissed from this lawsuit as improvidently transferred to this Court. It
further recommends that Med Tech Langham/Farmer be terminated from the docket of this matter
because he is not named in Plaintiff’s amended complaint. Finally, it recommends that Defendants
Med Techs Gibson, Brice and “Jane Doe” be required to answer the claim of deliberate indifference
to Plaintiff’s medical needs. No objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the
findings and conclusions of the Court. It is therefore
ORDERED that Defendants UTMB, Oliver, Rescano, Mayfield, Crawford, Hicks and
Sanford are hereby dismissed as frivolously named pursuant to 28 U.S.C. § 1915A(b)(1). It is
further

ORDERED that Sgt. Luna-Brooks be dismissed from this lawsuit as improvidently
transferred to this Court. It is further
ORDERED that Med Tech Langham/Farmer be terminated from the docket of this matter.
It is finally
ORDERED that Defendants Med Techs Gibson, Brice and “Jane Doe” shall be ordered to
answer the claim of deliberate indifference to Plaintiff’s medical needs.
So ORDERED and SIGNED this 21 day of December, 2011.

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Ron Clark, United States District Judge

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