Bisby v. Garza

Filing 123

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 87 MOTION for Summary Judgment, 112 Memorandum and Recommendations. Court dismisses pltff's claims agianst deft. Mendoza for failure to exhaust administrative rememdies, and Court grants summary judgment in favor of deft. Garza. Pltff's claims against deft. Garza are dismissed with prejudice.(Signed by Judge Janis Graham Jack) Parties notified.(lsmith, )

Bisby v. Garza

Doc. 123

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JERRY L BISBY, Plaintiff, VS. KIMBERLY GARZA, et al, Defendants. § § § § CIVIL ACTION NO. C-07-404 § (consolidated w/C-07-423 and C-07-424) § § §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT On June 27, 2008, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending as follows: 1) that the Court dismiss plaintiff's claims against defendant Mendoza for failure to exhaust administrative remedies pursuant to 42 U.S.C. §1997e(a); or in the alternative, that the Court find that defendant Mendoza is entitled to qualified immunity, and therefore, that summary judgment be granted in his favor; and 2) that defendant Garza is entitled to qualified immunity, that the Court grant summary judgment in her favor, and that plaintiff's claims against her be dismissed with prejudice. On July 16, 2008, plaintiff filed Objections to the Magistrate's Recommendations. Having reviewed the findings of fact and conclusions of law therein, as well as the pleadings on file and plaintiff's objections, and having made a de novo disposition of those portions of the Magistrate Judge's recommended disposition to which objections were raised, see Koetting v. Thompson, 995 F.2d 37 (5th Cir. 1993), 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P.72(b), the Court hereby adopts as its own the findings and conclusions of the Magistrate Judge as set out below.

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Accordingly, it is ORDERED as follows: 1) the Court dismisses plaintiff's claims against defendant Mendoza for failure to exhaust administrative remedies pursuant to 42 U.S.C. §1997e(a); and 2) defendant Garza is entitled to qualified immunity; the Court grants summary judgment in her favor and plaintiff's claims against her are dismissed with prejudice. The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 17th day of July, 2008.

___________________________________ Janis Graham Jack United States District Judge

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