Summary
holding that TDCJ Parole Division employees sued in their official capacities were protected by Eleventh Amendment immunity where plaintiff's claims for injunctive and declaratory relief were unsupported by law, warranting dismissal under Rule 12(b)
Summary of this case from Parks v. HinojosaOpinion
Civil Action No. 7:18-cv-00141-M-BP
07-08-2019
RUBEN ALANIZ, JR., TDCJ No. 2224325, Plaintiff, v. AMANDA LOWE, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
It is therefore ORDERED that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE against Defendants in their official capacities for lack of subject matter jurisdiction and DISMISSED WITH PREJUDICE against Defendants in their individual capacities for failure to state a claim. To the extent Plaintiff's claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994), those claims are DISMISSED WITH PREJUDICE, but Plaintiff is permitted to reassert those claims when the conditions under Heck are met.
SO ORDERED this 8th day of July, 2019.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE