Crocker v. Smith

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:21-cv-00046

Brandon Earl Crocker,

Plaintiff,

V.

Larry Smith et al.,

Defendants.

ORDER

Plaintiff Brandon Earl Crocker, an inmate of the Texas Depart- ment of Criminal Justice proceeding pro se and 7 forma pauperis, filed this civil-rights lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). Doc. 4.

On May 25, 2021, defendants Larry Smith and Smith County Sheriff’s Department moved to dismiss the claims against them. Doc. 22. Plaintiff opposed the motion. Doc. 26. On August 2, 2021, the magistrate judge submitted a report and recommendation that the motion be granted with respect to the Smith County Sheriff’s Department because it is not a jural entity subject to suit under § 1983. Doc. 31. The magistrate judge recommended that the motion be denied with respect to defendant Larry Smith. Jd. No objections were filed by any party.

When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. The Smith County Sheriff’s Department is dismissed from this suit with prejudice.

So ordered by the court on October 25, 2021.

J/CAMPBELL BARKER

United States District Judge