Gladden, Sr. v. Barber et al

Filing 40

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 19 36 . The Court GRANTS Defendants' Motion for Partial Summary Judgment 27 and DISMISSES WITHOUT PREJUDICE the above-captioned action for non-exhaustion of administrative remedies. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
THOMAS EARL GLADDEN, SR.,
Plaintiff,
VS.
MATT BARBER, et al,
Defendants.

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January 31, 2018
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-411

ORDER
The Court has before it the December 15, 2016, Memorandum and
Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred
(Dkt. No. 19), recommending that the Court retain certain claims and dismiss
others; Defendants’ Partial Motion for Summary Judgment for Failure to Properly
Exhaust All Available Administrative Remedies (Dkt. No. 27); the Magistrate
Judge’s June 16, 2017, M&R recommending that the Court grant the motion (Dkt.
No. 36); and Plaintiff’s objections to both M&Rs (Dkt. Nos. 21, 39).
After an independent review of the record and applicable law, the Court
OVERRULES Plaintiff’s objections (Dkt. Nos. 21, 39). Accordingly, the Court
ORDERS the following:


First, the Court ADOPTS the Magistrate Judge’s December 15, 2016, M&R
(Dkt. No. 19). The Court therefore RETAINS Plaintiff’s excessive force claim
against Sergeant Salinas and Sergeant Mackey and DISMISSES Plaintiff’s
remaining claims against all other defendants except Warden Martinez.



Second, the Court ADOPTS the Magistrate Judge’s June 16, 2017, M&R
(Dkt. No. 36). The Court therefore GRANTS Defendants’ Motion for Partial
Summary

Judgment

PREJUDICE

the

(Dkt.

27)

above-captioned

administrative remedies.

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No.

and
action

DISMISSES
for

WITHOUT

non-exhaustion

of

Final Judgment will be entered separately in accordance with Federal Rule of
Civil Procedure 58.
SIGNED this 31st day of January, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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