Opinion
Civil Action 2:22-CV-00133
10-31-2022
JEWELL THOMAS, Plaintiff, v. CHRISTOPHER CARTER, et al., Defendants.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Mitchell Neurock's Memorandum and Recommendation (“M&R”). (D.E. 17). The M&R recommends that the Court: (1) DISMISS Plaintiffs § 1983 claims for money damages against the State of Texas and Christopher Carter and Bobby Lumpkin in their official capacities as barred by the Eleventh Amendment; and (2) DISMISS with prejudice Plaintiffs Eighth Amendment and ADA/RA claims against Christopher Carter and Bobby Lumpkin in their respective individual and official capacities as frivolous or for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). Id. at 1-2. The M&R further recommends that the dismissal of the case count as a “strike” for purposes of 28 U.S.C. § 1915(g). Plaintiff timely filed objections to the M&R. (D.E. 20).
After having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which Plaintiffs objections were directed, the Court OVERRULES Plaintiffs objections. (D.E. 20). Accordingly:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 17).
(2) The Court DISMISSES Plaintiff's § 1983 claims for money damages against the State of Texas and Christopher Carter and Bobby Lumpkin in their official capacities as barred by the Eleventh Amendment.
(3) The Court DISMISSES with prejudice Plaintiffs Eighth Amendment and ADA/RA claims against Christopher Carter and Bobby Lumpkin in their respective individual and official capacities as frivolous or for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).
(4) This dismissal is counted as a strike for purposes of 28 U.S.C. § 1915(g), and the Clerk of Court is ORDERED to send notice of this dismissal to the Manager of the Three Strikes List for the Southern District of Texas at ThreeStrikes@txs.uscourts .gov.
A final judgment will be entered separately.
SO ORDERED.