Zavala v. Migel et al

Filing 34

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 15 Memorandum and Recommendations, 25 Memorandum and Recommendations. The Court RETAINS Plaintiff's claims against former McConnell Unit Warden Miguel Martinez and Sergeant Darren Mayer; DI SMISSES Plaintiff's claims for money damages against all Defendants in their official capacities as barred by the Eleventh Amendment; DISMISSES Plaintiffs claims against the remaining Defendants for failure to state a claim and/or as frivolous p ursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1);DENIES IN PART Defendants' Motion to Dismiss 23 , on the basis that Plaintiff has stated plausible due process claims against them; and GRANTS Defendants' Motion to Dismiss [2 3], to the extend that Plaintiff (1) is limited to recovering compensatory damages in the amount of $225.00, the amount forfeited from his account; and (2) is not entitled to recover additional compensatory damages arising from mental or emotional distress.This case will therefore continue to proceed before the Magistrate Judge. (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
SALVADOR ZAVALA,
Plaintiff,
VS.
MARTINEZ MIGEL, et al,
Defendants.

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April 13, 2018
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-285

ORDER
The Court has received the Magistrate Judge’s October 31, 2017,
Memorandum and Recommendation (“M&R”), Dkt. No. 15, Plaintiff’s objections to
that M&R, Dkt. No. 22, Defendants’ Motion to Dismiss, Dkt. No. 23, and the
Magistrate Judge’s February 14, 2018, M&R, Dkt. No. 25, to which no party has
objected.
After independently reviewing the record and applicable law, the Court
ADOPTS both M&Rs, Dkt. Nos. 15,1 25. Accordingly, the Court:


RETAINS Plaintiff’s claims against former McConnell Unit Warden Miguel
Martinez and Sergeant Darren Mayer;



DISMISSES Plaintiff’s claims for money damages against all Defendants in
their official capacities as barred by the Eleventh Amendment;



DISMISSES 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);

The October 31, 2017, M&R describes a separate habeas case that Plaintiff was pursuing in this
Court and references an October 3, 2017, M&R that was pending in the habeas case at the time. Dkt.
No. 15 at 5. The Court notes that it adopted that M&R and dismissed Plaintiff’s habeas case on
January 5, 2018. Zavala v. Davis, Case No. 2:17-CV-122, Dkt. No. 26 (S.D. Tex. Filed on Mar. 31,
2017).
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

DENIES IN PART Defendants’ Motion to Dismiss, Dkt. No. 23, on the basis
that Plaintiff has stated plausible due process claims against them; and



GRANTS Defendants’ Motion to Dismiss, Dkt. No. 23, to the extend that
Plaintiff (1) is limited to recovering compensatory damages in the amount of
$225.00, the amount forfeited from his account; and (2) is not entitled to
recover additional compensatory damages arising from mental or emotional
distress.
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

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