IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BUDDY CONOR HOWELL, #06017522, )

Plaintiff, )

)

v. ) 3:05-CV-1652-R

) ECF

LUPE VALDEZ, et al., )

Defendants. )

ORDER

After making the independent review required by 28 U.S.C. § 636(b), the Court finds that

the Findings, Conclusions and Recommendation of the Magistrate Judge are correct, and they

are adopted as the findings and conclusions of the Court.

IT IS ORDERED that the Findings, Conclusions and Recommendation of the Magistrate

Judge are ACCEPTED, and (1) that Plaintiff’s claims of denial of access to the Courts against

Officers Morgan and Cole, including his claim of denial of access to the law library, writing and

mailing supplies, (2) that his claim of seizure and deprivation of property against employees of

the Dallas Police Department and the City of Dallas, including Chief of Police David Kunkle,

Detectives Figueroa, Bassinger, Hall, and Habbard, and Police Officers Hubner, Hannah R.

Tamez, and Jeffre Wiggington, and (3) that his claim of inadequate supervision and nutritional

food against Sheriff Lupe Valdez, are hereby DISMISSED WITH PREJUDICE as frivolous. 

See 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i).

The Clerk shall TERM the following Defendants: Officers Morgan and Cole, Dallas

county Sheriff Lupe Valdez, the Dallas Police Department, the City of Dallas, Detectives

Figueroa, Bassinger, Hall, and Habbard, and Police Officers Hubner, Hannah R. Tamez, and

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION

FILED

June 19, 2006

CLERK, U.S. DISTRICT COURT

 

 Case 3:05-cv-01652-R Document 26 Filed 06/19/06 Page 1 of 3 PageID 148
Jeffre Wiggington. 

IT IS FURTHER ORDERED that SERVICE OF PROCESS shall issue on Plaintiff’s

claims of denial of medical care for his pre-existing medical conditions (severe high blood

pressure and severe depression) by Dr. John Stobo, Dr. Ben Raimer, and Defendant Rita Moss,

and on his claims of denial of medical care for his head wound by Medical Technician Emetka

Okorocha.

Since Plaintiff was previously granted leave to proceed in forma pauperis, IT IS

FURTHER ORDERED that the Court Clerk shall prepare and issue SUMMONS for the

Defendants listed below and deliver the same to the United States Marshal for service of process

pursuant to Rule 4, Federal Rules of Civil Procedure, along with a copy of the original and

amended complaint, Plaintiff’s answers to the original and supplemental questionnaire, and the

present recommendation.

Defendants

Dr. John Stobo University of Texas Medical Branch

Administration Building, Suite 604

301 University Blvd.

Galveston, Texas 77555 

Dr. Ben Raimer, University of Texas Medical Branch

Administration Building, Suite 604

301 University Blvd.

Galveston, Texas 77555 

Rita Moss Dallas County Medical Director for Mental Health

Dallas County Jail 

Medical Department

3rd Floor

111 Commerce Street

Dallas, Texas 75202

 

 Case 3:05-cv-01652-R Document 26 Filed 06/19/06 Page 2 of 3 PageID 149
Emetka Okorocha Medical Technician 

Dallas County Jail 

Medical Department

3rd Floor

111 Commerce Street

Dallas, Texas 75202

FINALLY, IT IS ORDERED that the Court Clerk transmit a true copy of this Order

Accepting the Findings and Recommendation of the United States Magistrate Judge to Plaintiff. 

Signed this 19th day of June, 2006.

_________________________________

UNITED STATES DISTRICT JUDGE

 

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