Thomas v. Linthicum

Opinion

UNITED STATES DISTRICT COURT November 29, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JEWELL THOMAS, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:22-CV-00162 § LANETTE LINTHICUM, et al., § § Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS On October 14, 2022, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation to Retain Case and Dismiss Certain Claims” (M&R, D.E. 11). The Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 11), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, for purposes of § 1915A and §1915(e)(2), the Court RETAINS: (1) ~~ Plaintiff’'s Eighth Amendment deliberate indifference claims against Dr. Lanette Linthicum, Dr. Isaac Kwarteng, Jerry Sanchez, and Bobby Lumpkin in their individual and official capacities; and (2) ‘Plaintiff's Americans with Disabilities Act and Rehabilitation Act (ADA/RA) claims against Dr. Lanette Linthicum, Dr. Isaac Kwarteng, Jerry Sanchez, and Bobby Lumpkin in their official capacities. The Court further ORDERS that: (1) Plaintiffs § 1983 claims for money damages against Dr. Lanette Linthicum, Dr. Isaac Kwarteng, Jerry Sanchez, and Bobby Lumpkin in their official capacities are DISMISSED without prejudice as barred by the Eleventh Amendment; (2) Plaintiffs ADA/RA claims against Dr. Lanette Linthicum, Dr. Isaac Kwarteng, Jerry Sanchez, and Bobby Lumpkin in their individual capacities are DISMISSED with prejudice as frivolous and/or for failure to state a claim for relief. ORDERED on November 29, 2022.

UNITED STATES DISTRICT JUDGE

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