Caldwell v. Furr et al

Filing 30

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 12 Memorandum and Recommendations, 26 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) And 12(b)(6), 29 Memorandum and Recommendations, 16 MOTION to Dismiss PARTIAL M OTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6). The Court hereby DISMISSES WITHOUT PREJUDICE Caldwell's claims against Furr, McKee, Antu, and Cano. The Court further GRANTS the motions to dismiss with regard to Caldwe lls claims for money damages against Garza, Martinez, Perales, and Santos in their official capacities. Dkt. Nos. 16, 26. The Court DISMISSES WITH PREJUDICE these money damages claims. Id. The Court further DENIES the motions to dismiss with regard to Caldwell's deliberate indifference claims against Perales and Santos.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 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
REAGAN JAMES CALDWELL,
Plaintiff,
VS.
COREY FURR, et al,
Defendants.

§
§
§
§
§
§
§
§

January 17, 2018
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-00456

ORDER
Plaintiff Reagan James Caldwell (“Caldwell”) is a Texas inmate who filed this
civil rights action pursuant to 42 U.S.C. § 1983 on October 28, 2016. Dkt. No. 1.
Caldwell’s original complaint alleges claims of excessive force, deliberate
indifference to health and safety, failure to protect, and retaliation against
Defendants Corey Furr (“Furr”); James A. McKee (“McKee”); Derek Garza
(“Garza”); Cheryl Perales (“Perales”); Fernando Martinez, Jr. (“Martinez”); FelishaAna Antu (“Antu”); Jessica De Los Santos (“Santos”); and Adriana L. Cano (“Cano”),
individually and in their official capacities. Dkt. No. 1. On January 25, 2017,
Caldwell submitted a pleading entitled “Amended Complaint” in which he raises
additional allegations related to his claims against Furr and McKee. Dkt. No. 11.
The Court has before it Caldwell’s complaints, Dkt. Nos. 1, 11; the February
6, 2017, Memorandum and Recommendation (“M&R”) of the Magistrate Judge to
whom this case was referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 12; Garza,
Martinez, and Perales’s March 23, 2017, partial motion to dismiss, Dkt. No. 16;
Santos’s May 16, 2017, motion to dismiss, Dkt. No. 26; and the Magistrate Judge’s
September 26, 2017, M&R, Dkt. No. 29. The deadline to file objections to the
Magistrate Judge’s proposed conclusions of law and recommendations has passed,
and the docket sheet shows that no objections have been filed. See 28 U.S.C. §
636(b)(1) (setting a 14-day deadline to file objections); FED. R. CIV. P. 72(b)(2)
(same); see also Dkt. No. 12 at 13; 29 at 11 (advising parties of the 14-day deadline).

1/2

After independently reviewing the record and considering the applicable law,
the Court adopts the February 6, 2017, and September 26, 2017, M&R proposed
conclusions and recommendations. The Court hereby DISMISSES WITHOUT
PREJUDICE Caldwell’s claims against Furr, McKee, Antu, and Cano. The Court
further GRANTS the motions to dismiss with regard to Caldwell’s claims for money
damages against Garza, Martinez, Perales, and Santos in their official capacities.
Dkt. Nos. 16, 26. The Court DISMISSES WITH PREJUDICE these money
damages claims. Id. The Court further DENIES the motions to dismiss with regard
to Caldwell’s deliberate indifference claims against Perales and Santos.

SIGNED this 17th day of January, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

2/2