Bigham v. Lubbock County Jail et al, No. 5:2023cv00089 - Document 41 (N.D. Tex. 2024)

Court Description: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, RE: 39 Findings and Recommendations on 32 Motion for Summary Judgment. The Court therefore grants Defendants' Motion for Summary Judgment on exhaustion grounds. The Court finds that the orders of dismissal should be construed as recommendations that the Court dismiss with prejudice Plaintiff's claims against Defendants Lubbock County Jail and Lubbock Detention Facility, and his official-capacity claims against Defendants Christian Hernandez, N. Joshua Acevedo, and Joey Andrist. (Ordered by Judge James Wesley Hendrix on 6/5/2024) (krr)

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Bigham v. Lubbock County Jail et al Doc. 41 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION GRECORY K. BIGHAM. Institutional ID No. 2 19910 Plaintill No. 5:23-CV-00089-H LUBBOCK COUNTY JAIL, ct al , Def'endants ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND NDA'I'I N OF THE UNITED TAT The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objeaions were firled. The District Coun made an independent examination of the record and reviewed the Magistrate Judge's report for plain error. Finding none, the Court accepts and adopts the hndings, conclusions, and recommendation ofthe United States Magistrate. The Court therefore grants Defendants' Motion lor Summary Judgment on exhaustion grounds and dismisses the remaining claims against Defendants Christian Hernandez, N. Joshua Acevedo, and Joey Andrist with prejudice for farlure to exhaust. Additionally, the Court notes that the Magistrate Judge entered orders dismissing some of Plaintiffs claims after the Defendants were seryed and had appeared. .!ea Dkt. Nos. 25, 26. No objections were filed by any party. But it does not appear that the Defendants have expressly consented to proceed before the Magistrate Judge in accordance with 28 U.S.C. $ 636(c). Ser Dkt. No. I I . So, the Court hnds that the orders of dismissal should be construed as recommendations that the Coun dismiss with prejudice Plaintiffs claims against Defendants Lubbock County Jail and Lubbock Detention Facility, and his offrcial-capacity claims against Dockets.Justia.com Defendants Christian Hernandez, N. Joshua Acevedo, and Joey Andrist, and the Coun expressly accepts and adopts the recommendations. The Court will enter judgment accordingly. So ordered. DaredJune {,zozq JAME Unite 2 SLEY HENDRIX States District Judge

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