Pina-Suarez v. Rios et al, No. 1:2011cv00109 - Document 37 (N.D. Tex. 2013)

Court Description: Order Adopting in Part and Denying in Part Findings and Recommendations re: 22 Findings and Recommendations on re: 1 Complaint, filed by Albert Pina-Suarez. The following claims are dismissed with prejudice as frivolous: Pla's claims o f retaliation against Defs Moore, Vialponda and Roman; Pla's claims of deprivation of due process against all Defs with regard to false disciplinary cases and denial of his requests and grievances; and Pla's claims for monetary damages agai nst all Def in their official capacities - judgment pursuant to Rule 54(b), FRCP shall be entered accordingly. The following claims remain in this case: Pla's claims for monetary damages against Def R. Rios, in his individual capacity, for de liberate indifference to his health and safety and failure to protect; Pla's claims for monetary damages against Def partiada, in his individual capacity for deliberate indifference to Pla's serious medical needs; Pla's claims for mone tary damages against Def Roman, in his individual capacity, for excessive use of force; and Pla's claims for monetary damages against Def K. Edenfield, in her individual capacity, for deliberate indifference to his health and safety, and depriva tion of his First Amendment rights. Clerk is directed to complete USM-285 and summons for each Def for service. USMarshal shall personally serve process w/n 30 days of date of this Order. Defs shall file answer or other responsive pleadings to Pla's complaint w/n 30 days after service. (Ordered by Judge Sam R Cummings on 9/24/2013) (mje)