Moore v. Doe et al

Filing 143

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 142 Memorandum and Recommendations. The Court DENIES the Security Defendants Motion for Summary Judgment, Dkt. No. 126 , and GRANTS IN PART the Medical Defendants Motion for Summary Judgment, Dkt. No. 129 , as to the merits of Plaintiffs Eighth Amendment claims of deliberate indifference. Accordingly, Plaintiffs claims against Defendants Gregory Samuel and Martha Tijerina are DISMISSED WITH PREJUDICE. (Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 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
EDWARD MOORE,

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Plaintiff,
VS.
GABRIELLE GUZMAN, et al,
Defendants.

August 20, 2019
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-121

ORDER
The Court is in receipt of the Motion for Summary Judgment filed by
Defendants Juan Trevino, Gabrielle Guzman, and Reyes Alvarez (collectively
“Security Defendants”), Dkt. No. 126; the Motion for Summary Judgment filed by
Defendants

Gregory

Samuel

and

Martha

Tijerina

(collectively

“Medical

Defendants”), Dkt. No. 129; Plaintiff’s Response to the Motions for Summary
Judgment, Dkt. No. 140; and the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), Dkt. No. 142. No objections to the M&R were filed.
After independently reviewing the filings, the record, and applicable law, the
Court ADOPTS the M&R, Dkt. No. 142. The Court DENIES the Security
Defendants’ Motion for Summary Judgment, Dkt. No. 126, and GRANTS IN PART
the Medical Defendants’ Motion for Summary Judgment, Dkt. No. 129, as to the
merits of Plaintiff’s Eighth Amendment claims of deliberate indifference.
Accordingly, Plaintiff’s claims against Defendants Gregory Samuel and Martha
Tijerina are DISMISSED WITH PREJUDICE.
SIGNED this 19th day of August, 2019.
___________________________________
Hilda Tagle
Senior United States District Judge

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