Mayfield v. UTMB Medical Department et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations of the United States Magistrate Judge. The findings of fact and conclusions of law of the Magistrate Judge are correct, and a partial judgment will be entered in this case in accordance with the Magistrate Judges recommendations. Signed by Judge Michael H. Schneider on 6/17/2016. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
LARRY M. MAYFIELD

§

VS.

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UTMB MEDICAL DEPARTMENT, et al.,

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CIVIL ACTION NO. 9:15-CV-92

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Larry M. Mayfield, an inmate currently confined at the Gib Lewis Unit with 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 defendants: UTMB
Medical Department, Kent Dickerson, Janice Hanson, Office of Professional Standard TDCJ Health
Service Division, and Morris Jorgensen.
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 this complaint be dismissed for failure to state a claim and as
frivolous.
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 Report and Recommendation of United States Magistrate Judge. 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 careful consideration, the Court finds plaintiff’s objections lacking in merit. Plaintiff
has not demonstrated any personal involvement by defendant Kent Dickerson in the alleged acts of
misconduct in denying plaintiff medical care. Jacquez v. Procunier, 801 F2d 789, 793 (5th Cir.
1986). Defendant Dickerson, accordingly to plaintiff’s allegations, answered plaintiff’s grievance
at the Step 1 level. To the extent defendant Kent Dickerson could somehow be considered

personally involved in the alleged acts of misconduct, plaintiff has failed to allege facts that
demonstrate deliberate indifference. Estelle v. Gamble, 429 U.S. 97, 105-106 (1976); Domino v.
Texas Dep’t of Criminal Justice, 239 F.3d 752, 754 (5th Cir. 2001); Farmer v. Brennan, 511 U.S.
.
825, 832 (1994).1
ORDER
Accordingly, petitioner’s objections 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. A partial judgment will be entered in this case in accordance with the Magistrate
Judge’s recommendations.
SIGNED this 17th day of June, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

1
In his objections, plaintiff states it was not his intent to sue UTMB. Plaintiff also concedes all his official
capacity claims should be dismissed in addition to those against the Office of Professional Standard TDCJ Health
Service Division and defendant Jorgensen.

2