West v. Beeville County Jail et al

Filing 67

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 30 Memorandum and Recommendations. RETAINS Plaintiffs deliberate-indifference claims against (1) Medical Provider Lori Hudson, Nurse Donna Pfannstiel, Nurse Vicky Crumbliss, Nurse Jessica Espinoza, Nurse Candis Gonzalez, and Nurse Donna Randall in their individual capacities; and (2) Senior Medical Practice Manager Tanya Lawson in her official capacity for injunctive relief; DISMISSES Plaintiff's claims for money damages against all Defen dants in their official capacities as barred by the Eleventh Amendment; DISMISSES WITHOUT PREJUDICE Beeville County Jail, Warden Miguel L. Martinez, Assistant Warden Corey Furr, Assistant Warden Kenneth H. Putnam, and former McConnell Unit Warden Mat t Barber as defendants; and DISMISSES WITHOUT PREJUDICE Plaintiffs claims against the remaining defendants for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).This case will therefore continue to proceed before the Magistrate Judge. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MICHAEL RAY WEST, § § § § § § § § Plaintiff, VS. BEEVILLE COUNTY JAIL, et al, Defendants. April 13, 2018 David J. Bradley, Clerk CIVIL NO. 2:17-CV-181 ORDER The Court has received the Magistrate Judge’s October 4, 2017, Memorandum and Recommendation (“M&R”), Dkt. No. 30, and Plaintiff’s objections to the M&R, Dkt. No. 35.1 After independently reviewing the record and applicable law, the Court ADOPTS the M&R, Dkt. No. 30. Accordingly, the Court:  RETAINS Plaintiff’s deliberate-indifference claims against (1) Medical Provider Lori Hudson, Nurse Donna Pfannstiel, Nurse Vicky Crumbliss, Nurse Jessica Espinoza, Nurse Candis Gonzalez, and Nurse Donna Randall in their individual capacities; and (2) Senior Medical Practice Manager Tanya Lawson in her official capacity for injunctive relief;  DISMISSES Plaintiff’s claims for money damages against all Defendants in their official capacities as barred by the Eleventh Amendment;  DISMISSES WITHOUT PREJUDICE Beeville County Jail, Warden Miguel L. Martinez, Assistant Warden Corey Furr, Assistant Warden Kenneth H. Putnam, and former McConnell Unit Warden Matt Barber as defendants; and Although Plaintiff’s filing is styled as a “Response to Defendants Motion for Dismissal,” the Court construes it as objections to the M&R. 1 1/2  DISMISSES WITHOUT PREJUDICE Plaintiff’s claims against the remaining defendants for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). This case will therefore continue to proceed before the Magistrate Judge. SIGNED this 13th day of April, 2018. ___________________________________ Hilda Tagle Senior United States District Judge 2/2

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