West v. Ruiz et al
Filing
45
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 19 Memorandum and Recommendations; RETAINS Plaintiffs claims of deliberate indifference and ORDERS that Plaintiff's deliberate indifference claims against the remaining Defendants be dismissed as frivolous and for failure to state a claim. (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
MICHAEL RAY WEST,
Plaintiff,
VS.
SHARON RUIZ, et al,
Defendants.
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May 29, 2019
David J. Bradley, Clerk
CIVIL NO. 2:18-CV-170
ORDER
The Court is in receipt of the Magistrate Judge’s Memorandum and
Recommendation (“M&R”) to Dismiss Certain Claims and to Retain Case, Dkt. No.
19, and Plaintiff Michael Ray West’s (“West”) Motion for Objection, Dkt. No. 25.
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 19, and RETAINS Plaintiff’s claims of deliberate
indifference against Defendants Felicia-Ana Antu, Vicky Crumbliss, Mary Snyder,
Emily Carrizales, Donna Pfannstiel, Jose Chapa, Angela Rodriguez and Erick
Echavarry in their individual capacities.1
The Court further ORDERS that
Plaintiff’s deliberate indifference claims against the remaining Defendants be
dismissed as frivolous and for failure to state a claim pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b)(1).
SIGNED this 29th day of May 2019.
___________________________________
Hilda Tagle
Senior United States District Judge
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The Court has taken the spelling of Defendants’ names from their Answers, Dkt. Nos. 29 and 30.
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