Green v. Davis ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION EL JEROME GREEN § VS. § CIVIL ACTION NO. 9:18-CV-222 LORIE DAVIS, ET AL. § ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff El Jerome Green, a prisoner previously confined at the Polunsky 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 Lorie Davis, John Werner, Warden Harris, Dr. James D. Geddes, Nurse Oneil, Nurse Madl, and Nurse Persinger. The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends dismissing the claims against defendants Davis, Werner, and Harris as frivolous or for failure to state a claim upon which relief may be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge’s Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and the relevant case law, the court concludes that the petitioner’s objections lack merit. Plaintiff has not shown that defendants Davis, Werner, or Harris were personally involved in his medical treatment, or that they adopted a deficient policy that was the moving force of a constitutional violation. Thompkins v. Belt, 828 F.2d 298, 303-4 (Sth Cir. 1987). Therefore, the claims against those defendants should be dismissed. ORDER Accordingly, plaintiff's objections (document no. 9) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 7) is ADOPTED. Defendants Lorie Davis, John Werner, and Warden Harris are DISMISSED from this action. So Ordered and Signed Sep 10, 2019 0. LO fk