Hattenbach v. JaRoe

Souther District of Texas ENTERED UNITED STATES DISTRICT COURT ote □□□□□ □□□□ SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JAMES ROBERT HATTENBACH, § Plaintiff, ; § CIVIL ACTION NO. 2:23-CV-00179 LOWELL TIMOTHY JAROE, al., Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (““M&R”). (D.E. 11). The M&R recommends that the Court dismiss certain claims and retain certain claims. (D.E. 11, p. 1-2). Specifically, the M&R recommends: e Plaintiff's Fourteenth Amendment fatlure-to-protect claims against Mayor Lowell Timothy Jayroe and Sheriff John Harrell in their official capacities be dismissed without prejudice; e Plaintiff's Fourteenth Amendment failure-to-protect claims against Aransas County and the City of Rockport be dismissed without prejudice; e Plaintiff's Fourteenth Amendment failure-to-protect claim against Sheriff John Harrell in his individual capacity be retained; and e Plaintiff's remaining § 1983 claims be dismissed with prejudice as frivolous or for failure to state a claim upon which relief can be granted.

Id. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(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 1/2 determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States y. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp., 512 F. Supp. 3d 741, 743-44 ($.D. Tex. 2021) (Eskridge, J.).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the MER is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 11). Accordingly, the Court ORDERS: e Plaintiff's Fourteenth Amendment failure-to-protect claims against Mayor Lowell Timothy Jayroe and Sheriff John Harrell in their official capacities be DISMISSED without prejudice; e Plaintiffs Fourteenth Amendment failure-to-protect claims against Aransas County and the City of Rockport be DISMISSED without prejudice; e Plaintiff's Fourteenth Amendment failure-to-protect claim against Sheriff John Harrell in his individual capacity be RETAINED; and e Plaintiff's remaining § 1983 claims be dismissed with prejudice as frivolous or for failure to state a claim upon which relief granted.

SO ORDERED.

DAV UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas August esos 2/2