Broussard v. Stephens et al

Filing 34

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON PENDING MOTION TO DISMISS re: 27 MOTION to Dismiss Defendants Grimes, Currie, Barber and Monroe's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), 33 Memorandum and Recommendation. action is DISMISSED as to Defendants Director Joe Grimes, Warden Gary Currie, Warden Matt Barber, and Deputy Director Carol Monroe. Plaintiff's remaining claims for a declaratory judgment and prospective injunctive relief are properly retained against TDCJ-CID Director William Stephens. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BRAD BROUSSARD,
Plaintiff,
VS.
WILLIAM STEPHENS, et al,
Defendants.

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§ CIVIL ACTION NO. 2:13-CV-00211
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ON PENDING MOTION TO DISMISS
On October 28, 2014, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation on Pending Motion to Dismiss” (D.E. 33). The
parties were 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. 33), 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 motion to dismiss
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(D.E. 27) is GRANTED and this action is DISMISSED as to Defendants Director Joe
Grimes, Warden Gary Currie, Warden Matt Barber, and Deputy Director Carol Monroe.
Plaintiff’s remaining claims for a declaratory judgment and prospective injunctive relief
are properly retained against TDCJ-CID Director William Stephens.
ORDERED this 16th day of December, 2014.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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