UNITED STATES DISTRICT COURT April 13, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

AMY E. ODEM, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:22-CV-00242 § ARMANDO CHAPA, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS On March 3, 2023, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Retain Case and Dismiss Certain Claims” (M&R, D.E. 14) as a result of initial screening pursuant to 42 U.S.C. § 1997e(c) and 28 U.S.C. § 1915A. Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

(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 Indus., Inc.,

(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 14), and all other relevant documents in the record, and 1 / 2 finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court: (1) RETAINS: Plaintiff's Eighth Amendment deliberate indifference claims against RN Heather and Sandra in their individual capacities arising from incidents occurring on: a. March 19 through 21, 2022; b. June 12, 2022; c. June 16, 2022; d. June 19, 2022; e. June 24, 2022; f. March 11 through July 7, 2022 (repeated denial of colostomy bags); g. July 21, 2022; h. July 23, 2022; and i. late October 2022. (2) DISMISSES WITH PREJUDICE for failure to state a claim pursuant to §§ 1915(e)(2)(B) and 1915A(b)(1): a. Plaintiff's claims against Defendants in their official capacities; and b. Plaintiff's remaining claims against Defendants. ORDERED on April 13, 2023.

UNITED STATES DISTRICT JUDGE

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