Opinion
Civil Action 2:21-CV-00208
04-18-2022
SCOTT F. CREE, Plaintiff, v. BRACO, et al., Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On March 11, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation to Retain Case and Dismiss Certain Claims” (M&R, D.E. 31). Plaintiff was 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 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 M&R (D.E. 31), 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 Eighth Amendment claim for failure to protect against Sgt. Braco in his individual capacity. Plaintiff's claim for money damages against Sgt. Braco in his official capacity is DISMISSED WITH PREJUDICE as barred by the Eleventh Amendment; Plaintiff's claim seeking injunctive relief against Executive Director Collier in his official capacity is DISMISSED as barred by the Eleventh Amendment; and Plaintiff's claim against Offender Diaz is DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim pursuant to §§ 1915(e)(2)(B) and 1915A(b)(1).
ORDERED on April 18, 2022.