govinfo:USCOURTS-txed-6_25-cv-00412-1

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No. 6:25-cv-00412 
Kaiven Wesley, 
Plaintiff, 
v. 
Roberta Flores et al., 
Defendants. 
O R D E R 
Plaintiff, a Texas prisoner proceeding pro se and in forma pau-
peris, filed this lawsuit under 42 U.S.C. § 1983. Doc. 1. Defend-
ants Amy L. Seelbach and Roberta Flores filed motions to dismiss 
that complaint. Docs. 21, 25. The case was referred to a magistrate 
judge, who issued a report recommending that the court grant de-
fendants’ motion s in part . Doc. 35 at 9. Specifically, the magis-
trate judge recommended that the court dismiss plaintiff’s claims 
for monetary damages against defendants Seelbach and Flores in 
their official capacities and that plaintiff’s claims of deliberate in-
difference to his serious medical needs should proceed before the 
court. Id. No party objected to the report. 
When there have been no timely objections to a report, “the 
court need only satisfy itself that there is no clear error on the face 
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes 
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. Defendants’ motions to dismiss, 
(Docs. 21, 25), are granted in part. Plaintiff’s claims for monetary 
damages against defendants in their official capacities are dis-
missed. In all other respects, the motions are denied and plain-
tiff’s claims concerning deli berate indifference to his serious 
medical needs will proceed before the court. PageID #: 
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So ordered by the court on June 10, 2026 . 
 
 J. CAMPBELL BARKER 
United States District Judge PageID #: 
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