Thomas v. Castillo et al, No. 5:2017cv00298 - Document 31 (N.D. Tex. 2018)

Court Description: ORDER: The Court Accepts the findings, conclusions, and recommendation of the United States Magistrate Judge re: 30 Findings and Recommendations. Plaintiff's claims for deliberate indifference, failure to report, and failure to provide meal s shall be dismissed with prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. Plaintiff's claims against Defendants Nicholas Caro and Leticia Clark shall be dismiss ed without prejudice. Plaintiff's claims against Defendants Adam Castillo and Santiago Martinez for excessive use of force and against Defendant Frank Foley for bystander liability should proceed through the course of litigation. The Court will enter a scheduling order for the remaining claims by separate order. (Ordered by Senior Judge Sam R Cummings on 9/7/2018) (zzm)