Garrison v. Blackburn et al

Filing 14

ORDER of Partial Dismissal adopting 11 Report and Recommendation. Ordered that the civil rights claims filed by pltf against dfts Chad Simpson, James O'Malley, John Doe #1, John Doe #2 and against dft Sheriff Charles (Butch) Blackburn in Bla ckburn's individual capacity are dismissed without prejudice for failure to state a claim on which relief can be granted. James O'Malley, Chad Simpson, John Doe #1 and John Doe #2 terminated. (Ordered by Judge Mary Lou Robinson on 7/11/2011) (plh)

IN THE LINITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION

GREGORY SCOTT GARRISON, PRO SE,
also known as GREGORY S. GARzuSON,
also known as GREG SCOTT GARRISON.
also known as GREG S. GARRISON,
ADC No. 601544,

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Plaintiff,

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v.

2:11-CV-0010

s

CHARLES (BUTCH) BLACKBURN, Sheriff;
CHERYL PHILLPS, Jail Administrator;
CHAD SIMPSON, Trooper;
JAMES O'MALLEY, Deputy;
PAT LNU, Jailer;
JOHN DOE #1, Male Jailer; and
JOHN DOE#2, Trooper,

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Defendants.

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ORDER OF PARTIAL DISMISSAL
Plaintiff GREGORY SCOTT GARzuSON, acting pro

se and

while

a prisoner confined

the Faulkner County Detention Center in Conway, Arkansas, has filed suit pursuant

in

toTttle 42,

United States Code, section 1983 complaining against the above-referenced defendants and has
been granted permission to proceed in forma pauperis.

On June 17,2011, a Report and Recommendation was issued by the United States
Magistrate Judge recommending plaintiff s claims against defendants CHAD SIMPSON, JAMES

O'MALLEY, JOHN DOE #1, JOHN DOE#2, and against defendant Sheriff CHARLES
(BUTCH) BLACKBURN in BLACKBURN's individual capacity be DISMISSED WITHOUT
PREJUDICE FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED.

The period for response has expired, and no objections have been filed by plaintiff.
The Court has made an independent examination of the records in this case and has
examined the Magistrate Judge's Report and Recommendation. The Court is of the opinion that
the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by
the United States District Court.

This Court, therefore, does hereby ADOPT the Report and Recommendation of the
United States Magistrate Judge in this case.

IT IS HEREBY ORDERED that the Civil Rights Claims filed pursuant to Title 42, United
States Code, section 1983, by

plaintiff GREGORY SCOTT GARRISON against defendants

CHAD SIMPSON, JAMES O'MALLEY, JOHN DOE #1, JOHN DOE #2, and against defendant
Sheriff CHARLES (BUTCH) BLACKBURN in BLACKBURN's individual capacity are
DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM ON WHICH
RELIEF CAN BE GRANTED.

LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk shall send a copy of this Order to the Pro Se Clerk at the U.S. District Court for
the Eastern District of Texas. Tvler Division.

The Clerk shall also send a copy of this Order to plaintiff and to any attorney of record.

It is SO ORDERED.
Signed this the

-/day

of July ,2011.

MARY'LOUXOBINSO
United States District Judee