Raby v. Tolly et al

Filing 136

ORDER ADOPTING 131 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 7/10/18. (ljw, )

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

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VS.

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PAUL TOLLY, et al.,

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CIVIL ACTION NO. 9:13-CV-120

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Charles Douglas Raby, a death row inmate confined at the Polunsky Unit with the
Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in
forma pauperis, brings this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Paul
Tolly, Terry Valentine, Donald Muniz, Suvanna Harris, Virgil McMullen, Richard Alford and Aaron
Flloyd.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends defendants’ motion for summary judgment as to plaintiff’s claims
for excessive use of force and failure to protect should be denied, defendants’ motion for summary
judgment on the remaining claims should be granted, plaintiff’s motion for spoliation instruction,
upon reconsideration, should be set for hearing at pre-trial, and plaintiff’s claims for conspiracy and
denial of access to courts should be denied for failure to state a claim pursuant to 28 U.S.C. §
1915(e)(2)(B).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge have been filed to date.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report of the Magistrate Judge is ADOPTED. A partial judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendations.

So Ordered and Signed
Jul 10, 2018

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