Opinion
CIVIL ACTION NO. 6:18cv347
05-20-2019
JAMES EARL WATKINS, #1702234 v. CAROL E. MONROE, JR., ET AL.
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff James Earl Watkins, 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, Defendants Fatai Rasheed and Derek Light filed a motion to dismiss requesting the dismissal of all claims against them. (Dkt. #24). Mr. Watkins filed a motion to proceed against the Defendants. (Dkt. #37).
The motion was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding that Defendants Rasheed and Light's motion to dismiss (Dkt. #24) should be granted in part and denied in part. (Dkt. #44). The Report also concluded that Mr. Watkins' motion to proceed against the Defendants (Dkt. #37) should be granted in part and denied in part. (Dkt. #44). 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. #44) is ADOPTED. It is further
ORDERED that Defendants Rasheed and Light's motion to dismiss (Dkt. #24) is GRANTED in part and DENIED in part. It further
ORDERED that Mr. Watkins' motion to proceed against Defendants (Dkt. #37) is GRANTED in part and DENIED in part. It is
ORDERED that Defendants Rasheed and Lights' motion to dismiss the claim for money damages against them in their official capacities is DENIED as MOOT. It is further
ORDERED that Mr. Watkins' retaliation claim against Defendants Light and Rasheed is DISMISSED with prejudice pursuant to FED. CIV. P. R. 12(b)(6). It is further
ORDERED that Mr. Watkins' medical deliberate indifference claim against Defendant Light is DENIED as MOOT. It is further
ORDERED that Defendants' motion to dismiss the medical deliberate indifference claim against Defendant Rasheed is DENIED without prejudice. It is finally
ORDERED that Mr. Watkins' claim for injunctive relief against the Defendants in their official capacities is DISMISSED without prejudice as the claim sounds in habeas corpus and is not appropriate for a civil rights suit.
Mr. Watkins may proceed with his medical deliberate indifference claim for money damages against Defendant Fatai Rasheed.
SIGNED this the 20 day of May, 2019.
/s/_________
Thad Heartfield
United States District Judge