Dockery v. Texas Department Of Criminal Justice

Filing 66

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 60 Memorandum and Recommendations granting in part and denying in part 45 MOTION for Summary Judgment. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RICKY DOCKERY, et al,
Plaintiffs,
VS.
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE,
Defendant.

June 25, 2020
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 4:18-CV-966
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ORDER ADOPTING MAGISTRATE JUDGE'S
MEMORANDUM AND RECOMMENDATION
The Court has reviewed the Memorandum and Recommendation (Instrument No. 60)
signed by Magistrate Judge Christina Bryan on May 18, 2020 regarding Instrument 45.
Defendants timely filed objections.1 The Court has reviewed the Memorandum and
Recommendation and objections and made a de novo review of the Magistrate Judge's
recommended dispositions to which objections were raised, Rule 72(b), Fed. R. Civ. P.; 28
U.S.C. ' 636(b)(1)(C); McLeod, Alexander, Powel & Apffel P.C. v. Quarles, 925 F.2d 853, 855
(5th Cir. 1991), and after consideration of the applicable law, is of the opinion that said
Memorandum and Recommendation should be adopted by this Court. It is therefore
ORDERED, ADJUDGED and DECREED that United States Magistrate Judge Bryan's
Memorandum and Recommendation is hereby adopted by this Court.

1

In footnote 4 of the objection (Dkt. 61 at 5), Defendant points out that the M&R cites to
Plaintiff’s Affidavit (50-34) despite having previously stated that the Affidavit was not necessary
to the Court’s ruling. The citation in the M&R to which Defendant refers appears at Dkt. 60 p. 9.
The citation should have been to the source material, the complaint filed by Mr. Mullins (Dkt.
50-38), not to the Affidavit that is Dkt. 50-34, and was simply a typographical error.

The Clerk shall enter this Order and provide all parties with a true copy.
SIGNED on this the ____ day of June, 2020, at Houston, Texas.
25th

VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE

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