Odom v. Gregg County Sheriff's Department
Odom v. Gregg County Sheriff's Department
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00032 James Ralph Odom, Plaintiff, V. Gregg County Sheriff’s Department et al., Defendants.
ORDER Plaintiff James Ralph Odom, proceeding pro se and 7 forma pau- peris, filed the above-styled civil-rights lawsuit pursuant to
42 U.S.C. § 1983. The case was referred to United States Magistrate Judge John D. Love. On March 6, 2024, the court dismissed plaintiff’s claims against all defendants, except for the First Amendment claim against de- fendant Hoover and the excessive-force and medical-deliberate-in- difference claims against defendant Owens. Doc. 36. On March 12, 2024, defendants Hoover and Owens filed a motion for summary judgment. Doc. 37. On April 22, 2024, Judge Love issued a report and recommendation (Doc. 39) recommending that plaintiff’s re- maining claims against defendants Hoover and Owens be dismissed without prejudice for failure to exhaust administrative remedies. Plaintiff received Judge Love’s report on May 1, 2024. Doc. 41. To date, no objections have been filed and the time period for doing so has passed. 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(Sth 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. For the reasons stated in the report, the First Amendment claim against defendant Hoover and the excessive-force and
medical-deliberate-indifference claims against defendant Owens are dismissed without prejudice for failure to exhaust administrative remedies. So ordered by the court on July 19, 2024. faked BARKER United States District Judge
Reference
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