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)

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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. SHARON RUIZ, et al, Defendants. § § § § § § § § 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 1 The Court has taken the spelling of Defendants’ names from their Answers, Dkt. Nos. 29 and 30. 1/1

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