Poullard Jr. v. Howard

Opinion

□ Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT October 20, 2020 FOR THE SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION RODNEY POULLARD, Jr., § § Plaintiff, § § VS. § CIVIL ACTION NO. H-20-454 § CASEY HOWARD, et al., § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND GRANTING THE DEFENDANT’S MOTION DISMISS AND DENYING THE PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL This court has reviewed the Memorandum and Recommendation of Judge Sam Sheldon signed on September 16, 2020, and made a de novo determination. Fed. R. Civ. P. 72; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (Sth Cir. 1989). Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that Judge Sheldon’s decisions granting Casey Howard’s motion to dismiss and denying Rodney Poullard, Jr.’s motion for appointment of counsel are supported by substantial evidence in the record and that Judge Sheldon properly applied the legal standards. Howard’s motion to dismiss, (Docket Entry No. 4), is granted, with leave for Poullard to amend no later than November 6, 2020. Poullard’s motion for appointment of counsel, (Docket Entry No. 10), is denied. SIGNED on October 20, 2020, at Houston, Texas.

Lee H. Rosenthal Chief United States District Judge