Opinion
CASE NO. 9:18-CV-182-RC-ZJH
03-29-2021
KYLE RAY v. HOUSTON COUNTY, TEXAS, ET AL.
NOT FOR PRINTED PUBLICATION ORDER REGARDING OBJECTIONS AND ACCEPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. In his Report and Recommendation (Doc. #35), Judge Hawthorn recommended granting in part and denying in part Defendants' Motion to Dismiss (Doc. #31).
The court has received and considered the Report and Recommendation of Judge Hawthorn filed pursuant to such referral, along with the record and pleadings. Plaintiff failed to file objections to the Report and Recommendation. A party's failure to file specific, written objections to the proposed findings of fact and conclusions of law contained in the Report, within fourteen days of being served with a copy of the Report, bars that party from entitlement to de novo review by the United States District Judge of the findings of fact and conclusions of law. See Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
However, Defendants filed objections to the Magistrate Judge's Report and Recommendation. (Doc. #36). This requires de novo review of Defendants' objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b); 28 U.S.C. § 636. Defendants contend that the claims against Darrel Bobbitt in his official capacity should be dismissed because he is no longer the Sherriff of Houston County. After careful consideration, the court concludes Defendants' objections are meritorious and should be sustained.
Having conducted a de novo review of Defendants' objections and considering the Magistrate Judge's recommendations, the court orders as follows. It is ORDERED that Defendants' objections (Doc. #36) are SUSTAINED. The findings of fact and conclusions of law of the Magistrate Judge are otherwise correct and the Report (Doc. #35) of the Magistrate Judge is ACCEPTED except with respect to the recommendation regarding Darrel Bobbitt in his official capacity.
The court further ORDERS that Defendants' Motion to Dismiss (Doc. #31) is GRANTED, in part, as to Plaintiff's claims against Sergeant Ryan Martin, Lieutenant Martha Jackson, and Sherriff Darrel Bobbitt in their individual and official capacities. Those claims are therefore DISMISSED with prejudice and those Defendants are DISMISSED from this action.
The court further ORDERS that Defendants' Motion to Dismiss (Doc. #31) is DENIED, in part, as to Plaintiff's claims against Houston County. The claims against Houston County remain pending.
So ORDERED and SIGNED, Mar 29, 2021.
/s/_________
Ron Clark
Senior Judge