West v. Ruiz et al

Filing 71

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 64 Memorandum and Recommendations. The Court ADOPTS the M&R in its entirety, and OVERRULES West's Objections, Dkt. Nos. 67 , 69 . The Court hereby GRANTS Defendants' Motion for Summary Judgment, Dkt. No. 48 , and DISMISSES West's deliberate indifference claims for failure to exhaust with prejudice. The Court DENIES West's motion for an injunction, Dkt. No. 60 . Final judgment will enter separately.(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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March 27, 2020
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-170

ORDER
The Court is in receipt of the Magistrate Judge’s Memorandum and
Recommendation to Grant Defendants’ Motion for Summary Judgment and to Deny
Plaintiff’s Motion for an Injunction (“M&R”), Dkt. No. 64. The Court is also in
receipt of Plaintiff Michael Ray West’s (“West”) Objections, Dkt. Nos. 67, 69.
The Court reviews objected-to portions of a Magistrate Judge’s proposed
findings and recommendations de novo. 28 U.S.C. § 636(b)(1). But if the objections
are frivolous, conclusive or general in nature the court need not conduct a de novo
review. Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987). After
review, the Court concludes West’s objections are frivolous and conclusive and
adequately addressed by the M&R. Dkt. No. 64. After independently reviewing the
filings, the record, and applicable law, the Court ADOPTS the M&R in its entirety,
Dkt. No. 64, and OVERRULES West’s Objections, Dkt. Nos. 67, 69. The Court
hereby GRANTS Defendants’ Motion for Summary Judgment, Dkt. No. 48, and
DISMISSES West’s deliberate indifference claims for failure to exhaust with
prejudice. The Court DENIES West’s motion for an injunction, Dkt. No. 60. Final
judgment will enter separately.
SIGNED this 27th day of March, 2020.
___________________________________
Hilda Tagle
Senior United States District Judge
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