Stovall v. Flores et al

Filing 15

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS TO TRANSFER CASE AND DISMISS ACTION re: 13 Memorandum and Recommendations. Pltff's Eighth Amendment claims against Nurse Flores are severed and transferred to the USDC for the WDTX, San Antonio Division. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
FRANK MORRIS STOVALL,
Plaintiff,
VS.
FLORES, et al,
Defendants.

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§ CIVIL ACTION NO. 2:13-CV-00165
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO TRANSFER CASE AND DISMISS ACTION
On July 17, 2013, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation to Transfer Claim and Dismiss Action” (D.E. 13).
The Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate
Judge’s Memorandum and Recommendation.

FED. R. CIV. P. 72(b); 28 U.S.C.

§ 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 13), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge. Accordingly, the Plaintiff’s claims
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against the TDCJ-CID Director and the Garza West Unit Warden be DISMISSED
WITH PREJUDICE for failure to state a claim upon which relief can be granted and/or
as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Plaintiff’s Eighth
Amendment claims against Nurse Flores are SEVERED AND TRANSFERRED to the
United States District Court for the Western District of Texas, San Antonio Division.
ORDERED this 19th day of August, 2013.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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