Broussard v. Stephens et al

Filing 93

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re: 83 MOTION for Summary Judgment , 90 Memorandum and Recommendations (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

United States District Court
Southern District of Texas

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

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December 12, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 2:13-CV-00211

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
On October 24, 2016, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation on Defendant’s Motion for Summary Judgment”
(D.E. 90). 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. 90), 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, Defendant’s Motion for
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Summary Judgment (D.E. 83) is GRANTED and Plaintiff’s claims challenging the
TDCJ’s August 2015 identification policy as it relates to Muslim inmates wearing beards
and maintaining two photos for identification, with a new photo taken annually, are
DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies.
Plaintiff is instructed that he may file an original complaint within thirty days of the
dismissal of this case.
ORDERED this 12th day of December, 2016.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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