Opinion
Civil Action 1:20-CV-160
09-15-2021
MARTIN GASCA & JOSE SALVADOR FLORES, JR., Plaintiffs, v. OMAR LUCIO, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Fernando Rodriguez, Jr. United States District Judge
In this consolidated action, Plaintiffs Martin Gasca and Jose Salvador Flores, Jr. brought suit after allegedly contracting COVID-19 while incarcerated at the Carrizales-Rucker Detention Center in Olmito, Texas. (Order, Doc. 94, 1) Gasca and Flores sued thirteen defendants, who, in four motions, move to dismiss the Plaintiffs' causes of action. (Motion by Def. Lucio, et al. (Gasca Case), Doc. 10; Motion by Dr. Almeida (Gasca Case), Doc. 13; Motion by Dr. Almeida (Flores Case), Doc. 41; Motion by Def. Lucio, et al. (Flores Case), Doc. 78)
A United States Magistrate Judge recommends that each of the Defendants' motions be granted and that Plaintiffs' causes of action be dismissed. (R&R, Doc. 94) Gasca and Flores filed timely objections to the Report and Recommendation. (Gasca Objs., Doc. 99; Flores Objs., Doc. 100)
Flores entitled his filing a “Rule 60(b) Motion.” But that rule is inapplicable as no final judgment or order exists. The Court treats the filing as objections to the Report and Recommendation.
The Court has conducted a de novo review of each Plaintiff's Complaint, the briefing of the parties, the record in this case, and the applicable law. In their respective objections, Gasca and Flores largely present arguments that the Magistrate Judge considered, and the Report and Recommendation resolves those arguments adequately and correctly.
The Court overrules the objections that Gasca and Flores filed, and ADOPTS the Report and Recommendation (Doc. 94). As a result, it is:
ORDERED that Defendants' Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Plaintiffs Complaint with Authority in Support and In the Alternative Rule 12(e) Motion for a More Definite Statement (Doc. 10) is GRANTED;
ORDERED that Defendant Dr. Alberto Almeida's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Plaintiffs Complaint with Authority in Support and In the Alternative Rule 12(e) Motion for a More Definite Statement (Doc. 13) is GRANTED;
ORDERED that Defendant Alberto Almeida's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Plaintiff Jose Salvador Flores, Jr.'s Complaint with Authority in Support and/or In the Alternative Rule 12(e) Motion for a More Definite Statement (Doc. 41) is GRANTED;
ORDERED that Defendants' Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Plaintiffs Complaint with Authority in Support (Doc. 78) is GRANTED;
ORDERED that all causes of action by Plaintiff Martin Gasca are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; and
ORDERED that all causes of action by Plaintiff Jose Salvador Flores, Jr. are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted.
Each party shall bear its own attorneys' fees and costs.
The Clerk of Court is directed to close this matter.