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Brooks v. Shinault

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
May 20, 2019
CIVIL ACTION NO. 6:18cv402 (E.D. Tex. May. 20, 2019)

Opinion

CIVIL ACTION NO. 6:18cv402

05-20-2019

CHARLES DAVID BROOKS, #1043239 v. BRANDON SHINAULT, ET AL.


ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff Charles David Brooks, a prisoner currently confined in the Texas prison system, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil lawsuit. In response, Defendant Shinault, Ellis, and High filed a motion for judgment on the pleadings pursuant to Rule 12(c), FED. R. CIV. P., requesting the dismissal of all claims against them. (Dkt. #18). Mr. Brooks filed a response in opposition. (Dkt. #26).

The motion was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation concluding that Defendants' motion for judgment on the pleadings (Dkt. #18) should be granted in part and denied in part. (Dkt. #33). The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of the motion, has been presented for consideration, and no objections thereto having been timely filed, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the court. It is accordingly

ORDERED that the Report and Recommendation (Dkt. #33) is ADOPTED. It is further

ORDERED that Defendants Shinault, Ellis, and High's motion for judgment on the pleadings (Dkt. #18) is GRANTED in part and DENIED in part. It is further

ORDERED that the Defendants' request to dismiss the claim for money damages against them in their official capacities is GRANTED. It is further

ORDERED that Mr. Brooks' claim for injunctive relief against the Defendants is DISMISSED as MOOT. It is finally

ORDERED that Defendants' motion for judgment on the pleadings requesting to dismiss Mr. Brooks' claims for money damages against the Defendants in their individual capacities is DENIED without prejudice. Mr. Brooks may proceed with his conditions of confinement claim for money damages against Defendants Shinault, Ellis, and High in their individual capacities.

SIGNED this the 20 day of May, 2019.

/s/_________

Thad Heartfield

United States District Judge


Summaries of

Brooks v. Shinault

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
May 20, 2019
CIVIL ACTION NO. 6:18cv402 (E.D. Tex. May. 20, 2019)
Case details for

Brooks v. Shinault

Case Details

Full title:CHARLES DAVID BROOKS, #1043239 v. BRANDON SHINAULT, ET AL.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Date published: May 20, 2019

Citations

CIVIL ACTION NO. 6:18cv402 (E.D. Tex. May. 20, 2019)