Bigham v. Lubbock County Jail et al

Filing 41

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, RE: 39 Findings and Recommendations on 32 Motion for Summary Judgment. The Court therefore grants Defendants' Motion for Summary Judgment on exhaustion grounds. The Court finds that the orders of dismissal should be construed as recommendations that the Court dismiss with prejudice Plaintiff's claims against Defendants Lubbock County Jail and Lubbock Detention Facility, and his official-capacity claims against Defendants Christian Hernandez, N. Joshua Acevedo, and Joey Andrist. (Ordered by Judge James Wesley Hendrix on 6/5/2024) (krr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
GRECORY K. BIGHAM.
Institutional ID No. 2 19910

Plaintill

No. 5:23-CV-00089-H
LUBBOCK COUNTY JAIL,

ct

al

,

Def'endants

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
NDA'I'I N OF THE UNITED TAT
The United States Magistrate Judge made findings, conclusions, and a recommendation
in this case. No objeaions were firled. The District Coun made an independent examination of
the record and reviewed the Magistrate Judge's report for plain error. Finding none, the Court
accepts and adopts the hndings, conclusions, and recommendation

ofthe United

States

Magistrate.

The Court therefore grants Defendants' Motion lor Summary Judgment on exhaustion
grounds and dismisses the remaining claims against Defendants Christian Hernandez, N.
Joshua Acevedo, and Joey Andrist with prejudice for farlure to exhaust.

Additionally, the Court notes that the Magistrate Judge entered orders dismissing some
of Plaintiffs claims after the Defendants were seryed and had appeared.

.!ea

Dkt. Nos. 25, 26.

No objections were filed by any party. But it does not appear that the Defendants have
expressly consented to proceed before the Magistrate Judge in accordance with 28 U.S.C.
$

636(c).

Ser

Dkt. No. I I . So, the Court hnds that the orders of dismissal should be construed

as recommendations

that the Coun dismiss with prejudice Plaintiffs claims against Defendants

Lubbock County Jail and Lubbock Detention Facility, and his offrcial-capacity claims against

Defendants Christian Hernandez, N. Joshua Acevedo, and Joey Andrist, and the Coun
expressly accepts and adopts the recommendations.

The Court will enter judgment accordingly.
So ordered.

DaredJune

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SLEY HENDRIX
States District Judge