Young v. Moore et al

Filing 54

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 42 Memorandum and Recommendations and OVERRULES Plaintiff's objection 51 ; GRANTS 30 Defendants Moore, Furr and Salles's motion to dismiss; DISMISSES Defendant Smith for this action; and DISMISSES with Prejudice Plaintiff's retaliation claim. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOE YOUNG,
Plaintiff,
VS.
CANDACE MOORE, et al,
Defendants.

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United States District Court
Southern District of Texas

ENTERED
July 16, 2018
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-00392

ORDER
Before the Court is the May 21, 2018, Memorandum and Recommendation (“M&R”) of the
Magistrate Judge to whom this case was referred, Dkt. No. 42, and Plaintiff’s July 6, 2018,
objection to the M&R, Dkt. No. 51.
The Court reviews objected-to portions of the Magistrate Judge’s proposed findings and
recommendations de novo. 28 U.S.C. § 636(b)(1). Plaintiff’s objection is frivolous, conclusory,
general, or contains no arguments that the M&R has not already considered. See Dkt. Nos. 42,
51; Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987) (determining that a
district court need not consider frivolous, conclusive, or general objections).
After independently reviewing the record and considering the applicable law, the Court
ADOPTS the M&R in its entirety, Dkt. No. 42, and OVERRULES Plaintiff’s objection, Dkt. No.
51. The Court hereby:


GRANTS Defendants Candace Moore, Corey Furr, and Janet Salles’s motion to dismiss,
Dkt. No. 30;



DISMISSES Defendant Jennifer Smith from this action; and



DISMISSES WITH PREJUDICE Plaintiff’s retaliation claim.

On March 1, 2018, the Court dismissed Plaintiff’s other claims, Dkt. No. 34, and no claims
remain. The Court will direct entry of final judgment separately.
SIGNED this 16th day of July, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge
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