Riley v. Texas Department of Criminal Justice et al

Filing 29

ORDER ADOPTING R & R AND DISMISSING CLAIMS AGAINST TDCJ, SAFPF, BETH MORRIS AND BRYAN COLLIER WITH PREJUDICE. Signed by Judge Robert Pitman. (dl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
RANDA L. RILEY,
Plaintiff,
v.
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, et al.
Defendants.

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1:17-CV-1031-RP

ORDER
On November 28, 2017, the Texas Department of Criminal Justice (“TDCJ”), the Ellen
Halbert Substance Abuse Felony Punishment Facility (“SAFPF”), Beth Morris (“Warden Morris”)
and Bryan Collier (“Executive Director Collier”) (collectively, the “TDCJ Defendants”) filed the
instant Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Motion for Judgment on the
Pleadings (“the Motion”), (Dkt. 9). The TDCJ Defendants seek dismissal of Plaintiff’s 42 U.S.C.
§ 1983 (“Section 1983”) claims against TDCJ and SAFPF, as well as Plaintiff’s claims against
Warden Morris and Executive Director Collier in their official capacities. The undersigned referred
the Motion to U.S. Magistrate Judge Mark Lane for a report and recommendation pursuant to 28
U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local
Rules of the United States District Court for the Western District of Texas. Magistrate Judge Lane
subsequently entered a report and recommendation recommending that the undersigned grant the
Motion in full. (R. & R., Dkt. 22).
Because the report and recommendation was entered on March 15, 2018, Plaintiff’s
objections were due on or before March 29. Fed. R. Civ. P. 72(b)(2) (“Within 14 days after being
served with a copy of the recommended disposition, a party may serve and file specific written
objections to the proposed findings and recommendations.”). No objections were received.
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Where, as here, no party has objected to the magistrate judge’s findings, the Court reviews
the report and recommendation for clear error. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.
1989). After careful consideration, the Court adopts the magistrate judge’s report and
recommendation. The Court finds that the magistrate judge’s conclusion and recommendation are
neither clearly erroneous nor contrary to law.
For the reasons given, the Court hereby ADOPTS the magistrate judge’s report and
recommendation, (Dkt. 22), as the opinion of the Court. The TDCJ Defendants’ Motion to Dismiss
for Lack of Subject-Matter Jurisdiction and Motion for Judgment on the Pleadings, (Dkt. 9), is
GRANTED. Plaintiff’s claims against the Texas Department of Criminal Justice, the Ellen Halbert
Substance Abuse Felony Punishment Facility, Beth Morris, and Bryan Collier are DISMISSED
WITH PREJUDICE.

SIGNED on April 30, 2018.

_____________________________________
ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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