Richardson v. Livingston et al

Filing 11

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS CERTAIN CLAIMS AND TO RETAIN CASE re: 8 Memorandum and Recommendation. The Plaintiffs claimsagainst the TDCJ and the supervisory Defendants are DISMISSED WITHPREJUDICE 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)(ii), 1915A(b)(1). The Court RETAINS Plaintiff's excessive force claims against Captain Hunt, Lieutenant Salinas, Sergeant Trevino, Se rgeant Delute, Officer Valdez, and Officer Bunch, and ORDERS that service be ordered on these Defendants in their individual capacities. Finally, the Court RETAINS Plaintiff's claims against Nurse Campos and Nurse Moreno in their individual capacities and ORDERS that service be affected on these Defendants. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BRANDON RICHARDSON,
Plaintiff,
VS.
BRAD LIVINGSTON, et al,
Defendants.

§
§
§
§
§
§
§
§

CIVIL ACTION NO. 2:14-CV-00464

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DISMISS CERTAIN CLAIMS AND TO RETAIN CASE
On March 2, 2015, United States Magistrate Judge B. Janice Ellington issued her
“Memorandum and Recommendation to Dismiss Certain Claims and to Retain Case”
(D.E. 8). 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. 8), 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
1/2

against the TDCJ and the supervisory Defendants are 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)(ii), 1915A(b)(1). The Court RETAINS
Plaintiff’s excessive force claims against Captain Hunt, Lieutenant Salinas, Sergeant
Trevino, Sergeant Delute, Officer Valdez, and Officer Bunch, and ORDERS that service
be ordered on these Defendants in their individual capacities. Finally, the Court
RETAINS Plaintiff’s claims against Nurse Campos and Nurse Moreno in their individual
capacities and ORDERS that service be affected on these Defendants.
ORDERED this 6th day of April, 2015.

___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

2/2