Christensen v. Mejia et al, No. 3:2015cv00854 - Document 104 (N.D. Tex. 2016)
Court Description: Order Accepting Findings and Recommendations re: 100 Findings and Recommendations on Motion. The court overrules Plaintiff's objections, grants Defendant Joseph Capps, M.D.'s 64 Motion to Dismiss, and dismisses with prejudice Plai ntiffs claim against Dr. Capps for alleged Eighth Amendment constitutional violations. Further, the court expressly determines, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason to delay the entry of final judgment in this case as to Defendant Joseph Capps, M.D. (Ordered by Judge Sam A Lindsay on 10/26/2016) (ykp)
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Christensen v. Mejia et al Doc. 104 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARK A. CHRISTENSEN, #09220-046, Plaintiff, v. EDDY MEJIA, et al., Defendants. § § § § § § § § § Civil Action No. 3:15-CV-854-L ORDER Before the court is Defendant Joseph Capps, M.D.’s Motion to Dismiss (Doc. 64), filed March 8, 2016. On September 29, 2016, Magistrate Judge Renée Harris Toliver entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”), recommending that the court grant Defendant Joseph Capps, M.D.’s (“Dr. Capps”) motion to dismiss, dismiss with prejudice Plaintiff’s claim against Dr. Capps for alleged Eighth Amendment constitutional violations, and not allow Plaintiff a further opportunity to amend his pleadings. Plaintiff filed objections to the Report, which were docketed on October 14, 2016. Having reviewed the file, record in this case, and Report, and having conducted a de novo review of that portion of the Report to which objection was made, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Plaintiff’s objections, grants Defendant Joseph Capps, M.D.’s Motion to Dismiss (Doc. 64), and dismisses with prejudice Plaintiff’s claim against Dr. Capps for alleged Eighth Amendment constitutional violations. Further, the court expressly determines, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason to delay the entry of Order – Page 1 Dockets.Justia.com final judgment in this case as to Defendant Joseph Capps, M.D. and directs the clerk of the court to enter a final judgment as to Dr. Capps. It is so ordered this 26th day of October, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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