Johnson v. Garcia

District Court, E.D. Texas

Johnson v. Garcia

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00434 Donald Ray Johnson, Jr., Plaintiff, V. Juan Garcia et al., Defendants.

ORDER Plaintiff Donald Ray Johnson, Jr., a prisoner of the Texas De- partment of Criminal Justice proceeding pro se, filed this civil ac- tion alleging deprivations of his constitutional rights. The lawsuit was referred to a magistrate judge. This court dismissed the claims against defendants Garcia and Delapp. The remaining defendants moved for summary judg- ment, arguing that Johnson’s suit was barred by qualified immun- ity. Plaintiff filed an unsworn letter opposing the motion. The magistrate judge recommended that the motion be granted. Plain- tiff filed objections to the report and recommendation. The court reviews the objected-to portions of a report and rec- ommendation de novo. Plaintiff has shown no error in the magis- trate judge’s assessment of his unsworn letter opposing summary judgment or its effect on defendants’ summary-judgment evi- dence, the materiality of any factual disputes, or the Baldwin ». Stalder factors. See

137 F.3d 836

(5th Cir. 1998). Accordingly, the court accepts the magistrate judge’s report and recommendation and grants the motion for summary judgment (Doc. 54). So ordered by the court on March 31, 2025. flaclook BARKER United States District Judge

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Reference

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