Perez v. Watts et al

Filing 51

ORDER overruling objections and adopting 45 Report and Recommendation. Defts' 29 Amended Motion for Summary Judgment is granted. Signed by Judge Ron Clark on 7/2/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
EDWIN PEREZ

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VS.

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ALFRED WATTS, ET AL.

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CIVIL ACTION NO. 1:07cv176

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Edwin Perez, an inmate confined within the Bureau of Prisons, proceeding pro se, filed
the above-styled civil rights lawsuit pursuant Bivens v. Six Unknown Agents of the Federal
Bureau of Narcotics, 403 U.S. 388 (1971), against Alfred Watts and James Gibbs. The Court
referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at
Beaumont, Texas, for consideration pursuant to applicable orders of this court.
The defendants have filed an amended motion for summary judgment. The Magistrate
Judge has submitted a Report and Recommendation of United States Magistrate Judge
recommending the amended motion be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report
and Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings
and the applicable law. After careful consideration, the Court is of the opinion plaintiff’s
objections are without merit. Under 42 U.S.C. § 1997e(a), “[n]o action shall be brought with
respect to prison conditions ... by a prisoner confined in any jail, prison, or other correctional
facility until such administrative remedies as are available are exhausted.” In light of this
exhaustion requirement, the Magistrage Judge correctly concluded that plaintiff failed to
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exhaust his administrative remedies. See Dillon v. Rogers, 596 F.3d 260, 268 (5 Cir. 2010).

ORDER
Accordingly, plaintiff’s objections are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is
ADOPTED. The defendants’ amended motion for summary judgment is GRANTED. A final
judgment will be entered dismissing this lawsuit in accordance with the recommendation of the
Magistrate Judge.
So ORDERED and SIGNED this 2 day of July, 2013.

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Ron Clark, United States District Judge