Starks v. Correll et al

Filing 27

ORDER declining to adopt 23 Findings and Recommendations on Case, and finding that Plaintiff has stated claims of constitutional violations sufficient to require responsive pleadings from Defendants Correll, Wheat, Balderas, Sanchez, Zavala, Mi les, and the TDCJ-CID. It is, therefore, ORDERED that a copy of this Order and Plaintiff's complaint be mailed to the Inmate Litigation Coordinator, Enforcement Division, and that Defendants Correll, Wheat, Balderas, Sanchez, Zavala, Miles, and the TDCJ-CID shall each file a written answer or other responsive pleading within 30 days from the date the Inmate Litigation Coordinator receives this Order. (Ordered by Judge Sam R Cummings on 7/11/2013) (rlw)

IN THE LINITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
JOSHUA E. STARKS,
TDCJ-CID NO. I495135.
srD No. 7184460,

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Plaintiff.

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CIVIL ACTION NO.

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1:11-CV-00204-C

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YOLANDA M. CORRELL, Lieutenant,

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et al.,

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Defendants.

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ECF

ORDER

Plaintiff Joshua E. Starks filed a civil rights complaint pursuant to 42 U.S.C. $ 1983 and
named Lt. Yolanda M. Correll, Lt. William J. Wheat, Sgt. Melissa A. Balderas, Sgt. Donna W.
Sanchez, Sg1. RichardD. Zavala, and COIII Walter Miles, employees of the Texas Department

of

Criminal Justice, Correctional Institutions Division ("TDCJ-CID") French Robertson Unit

as

Defendants. Because Plaintiff has failed to clarifu whether he is suing the Defendants in their
individual capacities, official capacities, or both, the Court shall assume that he is suing the named
individuals in both capacities. Plaintiff alleges that Defendants subjected him to an unnecessary strip
search and cavity search in the presence of females who were not his wife in violation of his

constitutional right to privacy, his free exercise right to practice modesty and humility as a part of

his Christian faith, the Religious Land Use and Institutionalized Persons Act, and the Texas
Religious Freedom Restoration Act.

In light of the Fifth Circuit Court of Appeals' decision in Robledo v. Leal, USCA No. 1210441, an unpublished opinion issued on June

2l,2013,this Court declines to adopt the Magistrate

Judge's Report and Recommendation filed on January 24,2012, and finds that Plaintiff has stated

claims of constitutional violations sufficient to require responsive pleadings from Defendants
Correll, Wheat, Balderas, Sanchez, Zavala, Miles, and the TDCJ-CID.

It is, therefore, ORDERED:

l.

Acopyofthis OrderandPlaintiffls complaint shall

be

mailedtothe Inmate Litigation

Coordinator, Enforcement Division, P.O. Box 12548, Capitol Station, Austin, Texas 78711-2548,
by certified mail, return receipt requested; and

2.
shall each file

Defendants Correll, Wheat, Balderas, Sanchez, Zavala, Miles, and the TDCJ-CID
a

written answer or other responsive pleading within thirty (30) days from the date the

Inmate Litigation Coordinator receives this Order.

Datedlulv

ll

,2013.