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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDWIN PEREZ § VS. § ALFRED WATTS, ET AL. § 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 th 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. ___________________________________ Ron Clark, United States District Judge

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