West v. Brown et al

Filing 42

ORDER ACCEPTING 36 REPORT AND RECOMMENDATIONS. Defendant Brown's motion to dismiss 32 is DENIED. Signed by District Judge Ron Clark on 5/27/20. (ljw, )

Case 9:17-cv-00158-RC-KFG Document 42 Filed 05/27/20 Page 1 of 2 PageID #: 116

**NOT FOR PRINTED PUBLICATION**

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
LIONELL WEST

§

VS.

§

OFFICER LISA BROWN, ET AL.

§

CIVIL ACTION NO. 9:17-CV-158

ORDER ACCEPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Lionell West, a prisoner previously confined at the Polunsky 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 Officer Lisa Brown and
unidentified defendants.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends denying defendant Brown’s motion to dismiss for failure to state
a claim upon which relief may be granted.
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 were filed by the parties.
Plaintiff filed a notice agreeing with the Magistrate Judge’s recommendation.

Case 9:17-cv-00158-RC-KFG Document 42 Filed 05/27/20 Page 2 of 2 PageID #: 117

**NOT FOR PRINTED PUBLICATION**

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report and recommendation of the Magistrate Judge (document no. 36) is ACCEPTED.
Defendant Brown’s motion to dismiss (document no. 32) is DENIED.
So ORDERED and SIGNED this 27 day of May, 2020.

________________________________
Ron Clark, Senior Judge

2