Gomez v. Masters et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ARMANDO GOMEZ,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:25-CV-00240
KELVIN D. MASTERS, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO DISMISS CERTAIN CLAIMS AND RETAIN CASE
On November 13, 2025, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation to Dismiss Certain Claims and Retain Case” (D.E.
17). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate
Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1);
General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear error
on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing
Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s memorandum and recommendation (D.E. 17), and all other relevant
United States District Court
Southern District of Texas
ENTERED
December 16, 2025
Nathan Ochsner, Clerk
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documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge. Accordingly, the Court:
• RETAINS the Eighth Amendment claims of excessive force and failure
to protect against: (1) Warden Kelvin D. Masters; (2) Lt. Adan A.
Cavazos; (3) Sgt. Linda M. Perez; and (4) Officer Eisa M. Chapa in their
individual capacities;
• DISMISSES WITHOUT PREJUDICE Plaintiff’s claims for money
damages against Defendants in their official capacities as barred by the
Eleventh Amendment;
• DISMISSES WITHOUT PREJUDICE all of Plaintiff’s remaining
claims for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)
and 1915A(b)(1).
ORDERED on December 16, 2025.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00240 Document 23 Filed on 12/16/25 in TXSD Page 2 of 2