Southern District of Texas ENTERED UNITED STATES DISTRICT COURT April 21, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JEWELL THOMAS, § § Plaintiff. § § V. § CIVIL ACTION NO, 2:22-CV-00170 § SVEN STRACK, et al. § § Defendants. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock*s Memorandum and Recommendation (*M&R”). (D.E. 13). The M&R recommends that the Court: (1) Retain Plaintiff's Eighth Amendment deliberate indifference claims against Captain Sven Strack, Lieutenant David Dougherty, and Captain Skinner Sturgis in their individual capacities: (2) Retain Plaintiffs Americans with Disabilities Act (“ADA”), 42 US.C. § 12112(b)(5)(A), and Rehabilitation Act (*RA”),

, claims against Captain Strack, Lieutenant Dougherty, Captain Sturgis, Warden Jerry Sanchez, Deputy Warden Placido Samaniego, and Director Bobby Lumpkin in their official capacities. (3) Dismiss Plaintiff's remaining

, 1985, 1986 claims against the remaining Defendants in their individual capacities.

. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See

(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 M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Badaiki vy. Schlumberger Holdings Corp.,

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge. the filings 1/2

of the parties, the record, and the applicable law, and finding that the M&R 1s not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 13). Accordingly, the Court ORDERS the following: (1) Plaintiffs Eighth Amendment deliberate indifference claims against Captain Strack, Lieutenant Dougherty, and Captain Sturgis in their individual capacities are RETAINED. (2) Plaintiff's ADA and RA claims against Captain Strack, Lieutenant Dougherty, Captain Sturgis, Warden Sanchez, Deputy Warden Samaniego, and Director Lumpkin in their official capacities are RETAINED. (3) Plaintiffs remaining

, 1985, 1986 claims against the remaining Defendants in their individual capacities are DISMISSED. SO ORDERED. \ DA S. MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas April 2733023

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