Opinions and documents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
No. 6:25-cv-00410
Phillip Lumar Lowe,
Plaintiff,
V.
TDCJ Coffield Unit et al.,
Defendants
ORDER
Plaintiff Phillip Lumar Lowe, an inmate confined within the
Texas Department of Criminal Justice proceeding pro se and in
forma pauperis, filed this case under 42 U.S.C. § 1983. The case
was referred to a magistrate judge.
I.
Plaintiff alleges that defendant Akpomuvwe “negligently”
closed a steel door on his right hand/thumb, which resulted in
broken bones, a trip to the hospital, and two surgeries. Doc. 7. He
further claims that defendant attempted to bribe him with food so
that he would not file a grievance —and that defendant threatened
him. Jd. Defendant Akpomuvwe moved to dismiss the complaint
(Doc. 22) because plaintiff failed to allege a constitutional viola-
tion.
The magistrate judge issued a report recommending that the
court grant defendant’s motion and dismiss plaintiff’s claims with
prejudice. The magistrate judge determined that plaintiff pre-
sented a negligence claim and that verbal threats and intimidation
do not amount to a constitutional violation.
Plaintiff filed timely objections. Doc. 43. The court reviews
the objected-to portions of a magistrate judge’s report and recom-
mendation de novo. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P.
72(b)(3). Plaintiff’s objections are meritless.
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II.
Plaintiff’s objections, read charitably, are that he never
“waived” his right to proceed before a magistrate judge, that he
has sustained serious injuries, and that the defendant did not ver-
bally shout “clear” while shutting the steel door that injured his
hand.
As an initial matter, a district judge may refer pre-trial matters
to a magistrate judge without the consent of the parties. Newsome
v. E.E.O.C., 301 F.2d 227, 230 (5th Cir. 2002). Therefore, plain-
tiff’s objection, that he did not “waive” his right to proceed be-
fore a magistrate judge, fails.
Additionally, the severity of his injury is legally unimportant
at this stage. The number of hand surgeries he has undergone is
irrelevant to the question of whether he has stated a claim that can
survive the motion to dismiss stage.
Further, plaintiff’s objection that defendant failed to verbally
shout “clear” when the prison cell door was closing bolsters the
magistrate judge’s recommendation. This alleged failure suggests
negligence rather than an intentional action taken by the defend-
ant. Mere negligence by a prison official does not constitute a con-
stitutional violation. Stuart v. Hammond, 218 F.3d 744, 2000 WL
821638, at *1 (5th Cir. 2000) (unpublished table decision).
Plaintiff’s pleadings indicate that defendant’s actions were
nothing more than an accident, which cannot support a constitu-
tional claim. See, e.g., Hawkins v. Barclay, No. 4:09-cv-00150,
2009 WL 2615651, at *2 (S.D. Tex. Aug. 24, 2009) (“In fact,
plaintiff states in his More Definite Statement that the officials
were merely negligence in the way they handled the doors on this
one occasion,” which “is not cognizable under § 1983.”).
For the reasons given above, the court accepts the magistrate
judge’s report and overrules plaintiff’s objections, Doc. 43. De-
fendants’ motion to dismiss (Doc. 22) is therefore granted and
plaintiff’s motion for summary judgment (Doc. 35) is denied.
Plaintiff’s claims are dismissed with prejudice. Any pending mo-
tions are denied as moot.
So ordered by the court on August 28, 2026.
fLrcloaleae
United States District Judge
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