Torres v. Southmayd

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 07, 202: SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION QUIRINO TORRES, § Plaintiff, VS. § CIVIL ACTION NO. 2:21-CV-37 ALDENE SOUTHMAYD III, et al., Defendants. □ ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s screening Memorandum and Recommendation (M&R) pursuant to the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(c); 28 U.S.C. §§1915(e)(2), 1915A. (D.E. 10). The M&R recommends that the Court retain Plaintiffs deliberate indifference claims against Defendants’ Sheriff Southmayd (“Defendant Southmayd”) and Jail Administrator Paige (“Defendant Paige”) in their individual capacities and dismiss with prejudice Plaintiffs claim against Bee County Jail and Plaintiffs claims against Defendants Southmayd and Paige in their official capacities for failure to state a claim. Jd. at 10.

The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the magistrate judge’s memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A.

1/2 H-14-2700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015).

Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ORDERS the following: (1) The Court ADOPTS the M&R in its entirety. (D.E. 10). (2) Plaintiffs claim against the Bee County Jail is DISMISSED with prejudice for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) and the Clerk of Court is DIRECTED to TERMINATE Bee County Jail from the docket sheet. (3) Plaintiffs claims against Defendants Southmayd and Paige in their official capacities are DISMISSED with prejudice. (4) Plaintiffs deliberate indifference claims against Defendants Southmayd and Paige in their individual capacities are RETAINED, SO ORDERED. | | ( | DAVY’S. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas September 7, 2021 2/2