Dockery v. Texas Department Of Criminal Justice

• Court: District Court, S.D. Texas
• Decided: June 25, 2020
• Docket: 4:18-cv-00966
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT June 25, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION

RICKY DOCKERY, et al, § § Plaintiffs, § VS. § CIVIL ACTION NO. 4:18-CV-966 § § TEXAS DEPARTMENT OF CRIMINAL § JUSTICE, § § Defendant.

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

The Court has reviewed the Memorandum and Recommendation (Instrument No. 60) signed by Magistrate Judge Christina Bryan on May 18, 2020 regarding Instrument 45. Defendants timely filed objections.1 The Court has reviewed the Memorandum and Recommendation and objections and made a de novo review of the Magistrate Judge's recommended dispositions to which objections were raised, Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. ' 636(b)(1)(C); McLeod, Alexander, Powel & Apffel P.C. v. Quarles, 925 F.2d 853, 855 (5th Cir. 1991), and after consideration of the applicable law, is of the opinion that said Memorandum and Recommendation should be adopted by this Court. It is therefore ORDERED, ADJUDGED and DECREED that United States Magistrate Judge Bryan's Memorandum and Recommendation is hereby adopted by this Court.

1 In footnote 4 of the objection (Dkt. 61 at 5), Defendant points out that the M&R cites to Plaintiff’s Affidavit (50-34) despite having previously stated that the Affidavit was not necessary to the Court’s ruling. The citation in the M&R to which Defendant refers appears at Dkt. 60 p. 9. The citation should have been to the source material, the complaint filed by Mr. Mullins (Dkt. 50-38), not to the Affidavit that is Dkt. 50-34, and was simply a typographical error. The Clerk shall enter this Order and provide all parties with a true copy. SIGNED on this the _2_5_th_ day of June, 2020, at Houston, Texas.

VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE