Opinion
Civil Action 7:19-cv-00081-M-BP
08-02-2022
DANIEL D. DILLARD, TDCJ No. 1400285, Plaintiff, v. LORIE DAVIS, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M.G. LYNN, CHIEF JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Defendants filed objections on July 15, 2022. ECF No. 226. Plaintiff filed objections on July 26, 2022. ECF No. 233. The District Court reviewed the proposed Findings, Conclusions, and Recommendation de novo. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
It is therefore ORDERED that Plaintiff Daniel Dillard's Motion for Partial Summary Judgment (ECF No. 152) is DENIED.
It is further ORDERED that Defendants' Motion for Summary Judgment (ECF No. 124) is GRANTED in part and DENIED in part. Accordingly, the Court GRANTS summary judgment against Dillard on his following claims: (1) Eighth Amendment claims relating to inadequate showers, prolonged solitary-like confinement, and COVID-19; (2) all claims against Michael Feazell and Timothy Hooper; (3) official-capacity claims against Jimmy Smith; and (4) all claims that Dillard brings solely on behalf of similarly situated individuals. These claims are DISMISSED with prejudice. Except as provided herein, Defendants' Motion for Summary Judgment (ECF No. 124) is DENIED.
It is further ORDERED that Jeremy Busby's Motion to Intervene (ECF No. 189) is DENIED.
SO ORDERED.