Opinion
No. 2:01-CV-0417.
August 30, 2004
ORDER DISMISSING REMAINING CLAIMS
Plaintiff HUBERT JACKSON, acting pro se and while incarcerated in the Texas Department of Criminal Justice, Correctional Institutions Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against various guards and employees of the Potter County Detention Center and was granted permission to proceed in forma pauperis. In light of plaintiff's April 3, 2003, motion to amend, defendant MEDICAL STAFF POTTER COUNTY DETENTION CENTER was terminated on April 7, 2003, and the defendants plaintiff had identified were substituted. Further, on August 6, 2004, plaintiff's claims against defendants WALTON, JACKSON, PEREZ, SHACKLEFORD, HEDGER, NFN JACKSON, POTTER COUNTY DETENTION CENTER and CITY OF AMARILLO were dismissed; and plaintiff's claims against all defendants in their official capacities were dismissed with prejudice as moot.
On August 6, 2004, the Magistrate Judge issued a Report and Recommendation analyzing defendants' First Amended Motion to Dismiss and recommending that the motion be granted as to plaintiff's remaining claims. Plaintiff filed his Ojections on August 26, 2004.
The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation, as well as plaintiff's objections.
The Court is of the opinion that the objections of the plaintiff should be OVERRULED and that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court.
This Court, therefore, does OVERRULE plaintiff's objections, and does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that defendants' First Amended Motion to Dismiss is GRANTED, and plaintiff's remaining Civil Rights Claims against all remaining defendants are DISMISSED for failure to state a claim.
The Court declines to exercise pendent jurisdiction over plaintiff's state law claims, if any; and such claims are DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
All pending motions are DENIED.
The Clerk will mail a copy of this Order to the plaintiff, and to any attorney of record by first class mail. The Clerk will also mail a copy to TDCJ-Office of the General Counsel, P.O. Box 13084, Capitol Station, Austin, TX 78711 and to the Pro Se Clerk at the U.S. District Court for the Eastern District of Texas, Tyler Division.
IT IS SO ORDERED.