Opinion
CIVIL ACTION NO. 2:14-CV-00039
06-23-2014
MARK JAMAL KEARNEY, Plaintiff, v. GARY L CURRIE, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DISMISS CERTAIN CLAIMS AND TO RETAIN CASE
On May 21, 2014, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation to Dismiss Certain Claims and to Retain Case" (D.E. 9). The Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge's memorandum and recommendation 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 memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services 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 Memorandum and Recommendation (D.E. 9), 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. Accordingly, the Court RETAINS Plaintiff's First Amendment and RLUIPA claims for declaratory and injunctive relief against Defendants Brad Livingston and William Stephens in their official capacities, and ORDERS that these Defendants be served, and upon such service, that Plaintiff's claims concerning his right to wear a quarter-inch beard be automatically STAYED pending resolution of the issue in Ali v. Stephens, Case No. 9:09-cv-052. The Court RETAINS Plaintiff's Due Process and/or Eighth Amendment claim(s) against Warden Monroe in his individual capacity and ORDERS service on this Defendant. The Court DISMISSES Plaintiff's claims against Warden Currie and Warden Clark with prejudice for failure to state a claim and/or as frivolous. The Court DISMISSES claims for money damages against Defendants in their official capacities as barred by the Eleventh Amendment.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE