Finney v. Walters et al

Filing 32

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS. The defendants' motion to dismiss is GRANTED as to defendant the University of Texas Medical Branch and defendant Tracy Walters in her official capacity. The defendants' motion to dismiss is DENIED as to plaintiff's claims against defendant Walters in her individual capacity. Signed by Judge Ron Clark on 3/28/17. (ljw, )

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

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VS.

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TRACY WALTERS, ET AL.

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CIVIL ACTION NO. 9:14cv161

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Chester Finney, an inmate at the Gib Lewis Unit, proceeding pro se, brought the
above-styled lawsuit pursuant to 42 U.S.C. § 1983 against Tracy Walters and the University of Texas
Medical Branch.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge
recommends the defendants’ motion to dismiss should be granted as to defendant the University of
Texas Medical Branch and as to defendant Tracy Walters in her official capacity. However, the
Magistrate Judge recommends the defendants’ motion to dismiss be denied as to plaintiff’s claims
against defendant Walters in her individual capacity.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
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. It is therefore
ORDERED that the defendants’ motion to dismiss is GRANTED as to defendant the
University of Texas Medical Branch and defendant Tracy Walters in her official capacity.
Additionally, it is

ORDERED that the defendants’ motion to dismiss is DENIED as to plaintiff’s claims
against defendant Walters in her individual capacity.

So ORDERED and SIGNED this 28th day of March, 2017.

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