1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

JACK CODY RABURN, #0066017 §

VS. § CIVIL ACTION NO. 6:22cv432

HENDERSON COUNTY SHERIFF’S §

OFFICE, ET AL.

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Jack Cody Raburn, a pretrial detainee confined in the Henderson County Jail, 

proceeding pro se and in forma pauperis, filed this civil rights lawsuit pursuant to 42 U.S.C. 

§ 1983. The cause of action was referred for findings of fact, conclusions of law, and 

recommendations for the disposition of the lawsuit.

In his original complaint, Plaintiff sued the Henderson County Sheriff’s Office, Sheriff 

Botie Hillhouse, Chief Kevin Halbert, Assistant Chief FNU, LNU, Nurse Amanda LNU, 

Mental Health Director FNU Jefferies, and Dr. FNU Mongare. Plaintiff contends that these

defendants violated his civil rights in connection to his medical, dental, and mental health care 

in the Henderson County Jail. He asserts the Defendants have been deliberately indifferent to 

his serious medical needs and have deliberately delayed necessary medical care resulting in 

harm and pain. 

In the Order to replead (Dkt. #5), the Court instructed Plaintiff that he must sue a person 

acting under color of state pursuant to 42 U.S.C. § 1983. The Court pointed out that the 

Case 2:23-cv-00112-JRG-RSP Document 15 Filed 01/12/23 Page 1 of 3 PageID #:

62
2

Henderson County Sheriff’s Office was not a jural entity that could be sued directly for 

purposes of Section 1983. 

In response to the Court’s Order (Dkt. #5), Plaintiff filed his Amended Complaint (Dkt. 

#11). In his Amended Complaint, Plaintiff sued Sheriff Botie Hillhouse, Chief Kevin Halbert, 

Assistant Chief FNU, LNU, Nurse Amanda LNU, Mental Health Director FNU Jefferies, and 

Dr. FNU Mongare. An amended complaint entirely supersedes and takes the place of an 

original complaint. Clark v. Tarrant Cnty., Tex., 798 F.2d 736, 740 (5th Cir. 1986).

As Plaintiff did not renew or allege any facts or claims against the Henderson County 

Sheriff’s Office in his Amended Complaint, the Court construes Plaintiff’s Amended 

Complaint as a voluntary dismissal of the Henderson County Sheriff’s Office. This 

construction does not affect Plaintiff’s claims against Sheriff Botie Hillhouse, Chief Kevin 

Halbert, Assistant Chief FNU, LNU, Nurse Amanda LNU, Mental Health Director FNU 

Jefferies, and Dr. FNU Mongare. 

A plaintiff is entitled to voluntarily dismiss a case before the opposing party serves 

either an answer or a motion for summary judgment. FED. R. CIV. P. 41(a)(1). Defendant

Henderson County Sheriff’s Office has not filed an answer nor a motion for summary 

judgment in this case. The Amended Complaint, construed as a motion for voluntary dismissal 

of Defendant Henderson County Sheriff’s Office should be granted pursuant to FED. R. CIV.

P. 41(a)(1).

Case 2:23-cv-00112-JRG-RSP Document 15 Filed 01/12/23 Page 2 of 3 PageID #:

63
3

Recommendation

It is recommended that the motion for voluntary dismissal (Dkt. #11) of Defendant

Henderson County Sheriff’s Office be granted and that the Henderson County Sheriff’s Office 

be dismissed, without prejudice. FED. R. CIV. P. 41(a)(1). Plaintiff’s claims against Defendants 

Sheriff Botie Hillhouse, Chief Kevin Halbert, Assistant Chief FNU, LNU, Nurse Amanda

LNU, Mental Health Director FNU Jefferies, and Dr. FNU Mongare should remain pending 

before the Court. 

Within fourteen (14) days after receipt of the Magistrate Judge’s Report, any party may 

serve and file written objections to the findings and recommendations contained in the Report.

A party’s failure to file written objections to the findings, conclusions, and 

recommendations contained in this Report within fourteen days after being served with a copy 

shall bar that party from de novo review by the district judge of those findings, conclusions,

and recommendations and, except on grounds of plain error, from appellate review of 

unobjected-to factual findings and legal conclusions accepted and adopted by the district court. 

Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc),

superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file 

objections from ten to fourteen days).

So ORDERED and SIGNED this 12th day of January, 2023.

Case 2:23-cv-00112-JRG-RSP Document 15 Filed 01/12/23 Page 3 of 3 PageID #:

64