Lloyd v. Sergeant Villarreal

UNITED STATES DISTRICT COURT May 18, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

ERIC WAYNE LLOYD, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00305 § SERGEANT VILLARREAL, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS On April 7, 2022, United States Magistrate Judge Mitchel Neurock issued a “Memorandum and Recommendation to Retain Case and Dismiss Certain Claims” (M&R, D.E. 15) after an initial screening of the complaint. Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.

When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 15), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the / 2 Magistrate Judge. Accordingly, the Court RETAINS the following claims: (1) Fourth Amendment excessive force claims against Sergeant Villarreal and Deputy Meakins in their individual capacities; and (2) a deliberate indifference claim against Jail Administrator Michael Page in his individual capacity. The Court further DISMISSES WITH PREJUDICE the following claims for failure to state a claim pursuant to §§ 1915(e)(2)(B) and 1915A(b)(1): (1) Plaintiff's claims against Defendants in their official capacities; and (2) Plaintiff's remaining claim against Jail Administrator Page for verbal abuse and harassment.

ORDERED on May 18, 2022.

UNITED STATES DISTRICT JUDGE 2/2