Civil Action No. 3:14-CV-183.

EFRAIN ACEVEDO, Plaintiff, v. JOHNY ABRAHAM, et al., Defendants.

United States District Court, S.D. Texas, Galveston Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER

Attorney(s) appearing for the Case

Efrain Acevedo, Plaintiff, Pro Se.

Amicus Curiae, Defendant, represented by Shanna Elizabeth Molinare , Office of Texas Attorney General.


GEORGE C. HANKS, Jr., District Judge.

The Texas Attorney General has, at the Court's request, provided a Martinez report1 and requested that the Court seal it. The Attorney General's motion to seal (Dkt. 15) is GRANTED.

The Attorney General served Acevedo with a copy of the Martinez report. Because the Martinez report contains legal arguments and refers to exhibits and matters outside the pleadings, the Court converts that report to a motion for summary judgment under Federal Rule of Civil Procedure 56 and ORDERS Acevedo to file any response by July 30, 2017. The Attorney General shall file any reply by August 15, 2017.

The Clerk will provide a copy of this order to the parties and to counsel for amicus curiae, the Office of the Texas Attorney General.


1. Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1987); see also Cay v. Estelle, 789 F.2d 318, 323 & n.4 (5th Cir. 1986) (discussing the utility of a Martinez report).


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