Spearman v. Bell et al

Filing 52

ORDERED that the objections of plaintiff are OVERRULED. The findings of fact andconclusions of law of the Magistrate Judge are correct, and the REPORT AND RECOMMENDATIONS re 43 Report and Recommendations of the United States Magistrate Judge are ADOPTED. Signed by Judge Michael H. Schneider on 9/22/2015. (gsg)

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

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VS.

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CHARLES W. BELL, et al.,

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CIVIL ACTION NO. 9:13-CV-290

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Eddy Lee Spearman, an inmate confined at the Eastham Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendant Jimmy
Locander.1
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Lufkin, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends defendant Locander’s motion to dismiss as to plaintiff’s official
capacity claims be granted but denied as to plaintiff’s claims of deliberate indifference.
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. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After a careful review, the Court finds the objections lacking in merit. As outlined by the
Magistrate Judge, plaintiff’s claims against defendant Locander in her official capacity are barred
by Eleventh Amendment immunity. See Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep’t of
Health and Human Res., 532 U.S. 598, 609 n. 10 (2001). However, plaintiff’s claims against
defendant Locander in her individual capacity for deliberate indifference shall proceed.
1

Plaintiff’s claims against defendants Bell, Erwin, and Coleman were dismissed by Memorandum Order and
Partial Judgment on January 5, 2015.

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ORDER
Accordingly, the objections of plaintiff are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is
ADOPTED.
SIGNED this 22nd day of September, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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