Allen v. Crow

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT N uly 23, 2028 SOUTHERN DISTRICT OF TEXAS athan □□□□□□□□ Clerk CORPUS CHRISTI DIVISION DANNY ALLEN, § Plaintiff, Vv. CIVIL ACTION NO. 2:24-CV-00225 MICHAEL CROW, et al., Defendants.

ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 36). The M&R recommends that the Court: e Retain Plaintiff's excessive force claim against Lt. Jane Doe; e Retain Plaintiff's equal protection claim against Warden Michael Crow and Lt. Jane Doe; e Dismiss without prejudice Plaintiff's claims for money damages against Defendants in their official capacities for lack of subject matter jurisdiction; e Dismiss without prejudice Plaintiff's claims against all other Defendants for failure to state a claim.

Id. at 16.

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 determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, 1/2 J.) (citation omitted).

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 M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 36). Accordingly, the Court: e RETAINS Plaintiff's excessive force claim against Lt. Jane Doe; e RETAINS Plaintiff's equal protection claim against Warden Michael Crow and Lt. Jane Doe; e DISMISSES without prejudice Plaintiff's claims for money damages against Defendants in their official capacities for lack of subject matter jurisdiction; e DISMISSES without prejudice Plaintiffs claims against all other Defendants for failure to state a claim.

SO ORDERED. en CUM Ne VA UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas July 232025 2/2