Opinion
Civil Action 2:22-CV-00117
09-27-2022
CALEB AARON CHAPMAN, Plaintiff, v. BEE COUNTY JAIL MEDICAL PROVIDER, et al., Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On August 23, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Retain Case and Dismiss Certain Claims” (M&R, D.E. 16). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 16), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. The Court RETAINS Plaintiff's Eighth Amendment claims seeking monetary relief against Family Nurse Practitioner Flynn and Nurse Joyce in their individual capacities.
The Court further ORDERS that: (1) Defendants Bee County Jail Medical Provider and Bee County Jail are DISMISSED WITHOUT PREJUDICE; (2) Plaintiff's claims against Defendants in their official capacities are DISMISSED WITH PREJUDICE; (3) Plaintiff's claims seeking injunctive relief against Defendants are DISMISSED WITH PREJUDICE as moot; and (4) Plaintiff's remaining claims against the remaining Defendants are DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim pursuant to §§ 1915(e)(2)(B) and 1915A(b)(1).
ORDERED.