Welsh v. Correct Care Recovery Solutions

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION LONNIE KADE WELSH, ) ) Plaintiff, ) ) v. ) ) CORRECT CARE RECOVERY ) SOLUTIONS, et al., ) ) Defendants. ) Civil Action No. 5:18-CV-020-C-BQ ORDER Before the Court is the Report and Recommendation of the United States Magistrate Judge (ECF No. 195) therein advising the Court that: (1) Welsh’s motion to file supplemental evidence (ECF No. 182) should be denied; (2) Defendant Ross Hester’s Motion to Strike (ECF No. 190) should be granted and Welsh’s Sur-Reply (ECF No. 189) should be stricken; and (3) Defendant Hester’s Motion for Summary Judgment on the issue of qualified immunity (ECF No. 173) should be granted. Plaintiff filed his Objections on October 17, 2022.

The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).

After due consideration and having conducted a de novo review, the Court finds that Petitioner’s objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error.

It is therefore ORDERED that the findings and conclusions contained in the Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Court.

For the reasons stated therein, the Court ORDERS that: (1) Plaintiff's Motion to File Supplemental Evidence is DENIED; (2) Defendant Hester’s Motion to Strike is GRANTED and Plaintiff's Sur-reply is STRICKEN; and (3) Defendant Hester’s Motion for Summary Judgment on the Issue of Qualified Immunity is GRANTED and Plaintiffs claims against Defendant Hester in his individual capacity are DISMISSED.

SO ORDERED.

Dated October 18, 2022.

SENIOR UNITEDSTATES DISTRICV JUDGE