Opinion
CIVIL ACTION NO. 9:13-CV-290
09-22-2015
EDDY LEE SPEARMAN v. CHARLES W. BELL, et al.
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff, Eddy Lee Spearman, an inmate confined at the Eastham Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendant Jimmy Locander.
Plaintiff's claims against defendants Bell, Erwin, and Coleman were dismissed by Memorandum Order and Partial Judgment on January 5, 2015. --------
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge, at Lufkin, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends defendant Locander's motion to dismiss as to plaintiff's official capacity claims be granted but denied as to plaintiff's claims of deliberate indifference.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After a careful review, the Court finds the objections lacking in merit. As outlined by the Magistrate Judge, plaintiff's claims against defendant Locander in her official capacity are barred by Eleventh Amendment immunity. See Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep't of Health and Human Res., 532 U.S. 598, 609 n. 10 (2001). However, plaintiff's claims against defendant Locander in her individual capacity for deliberate indifference shall proceed.
ORDER
Accordingly, the objections of plaintiff are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. SIGNED this 22nd day of September, 2015.
/s/_________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE