Jimenez v. Wynne et al

Filing 33

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING 26 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 3/7/18. (ljw, )

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

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VS.

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SHARON WYNNE, et al.,

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CIVIL ACTION NO. 9:16-CV-2

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Michael Jimenez, an inmate 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 Sharon
Wynne, Terrance Shaw, and Phillip Whigham.
The Court referred this matter to the Honorable Keith Giblin United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends Defendant Wynne’s Amended Motion to Dismiss filed pursuant to
Federal Rule of Civil Procedure 12(b)(6) be denied.
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. Defendant 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 defendant’s objections lacking in merit. The
Magistrate Judge correctly noted that a court must accept “all well-pleaded facts as true, viewing
them in the light most favorable to the plaintiff.” Sonnier v. State Farm Mutual Auto. Ins., Co., 509
F.3d 673, 675 (5th Cir. 2007); see also Erickson v. Pardus, 551 U.S. 89, 91 (2007) (on a “motion
to dismiss, a judge must accept as true all of the factual allegations contained in the complaint”).
The Supreme Court in Erickson criticized the lower court’s departure from the liberal pleading

standards that must be accorded pro se prisoners. Id. In her objections, the defendant appropriately
notes problems in plaintiff’s pleadings; nonetheless, accepting all of the plaintiff’s factual allegations
as true, plaintiff has alleged facts sufficient to state a deliberate indifference claim. The motion to
dismiss should be denied. Defendant Wynne may be able to show on summary judgment that the
case should be dismissed, but plaintiff has alleged facts sufficient to avoid dismissal pursuant to
Federal Rule of Civil Procedure 12(b)(6).
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.

So ORDERED and SIGNED this 7 day of March, 2018.

___________________________________
Ron Clark, United States District Judge

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