McDaniel v. Port Arthur Police Department et al

Filing 27

MEMORANDUM ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS. A final judgment will be entered in this case in accordance with the Magistrate Judges recommendation. Signed by Judge Marcia A. Crone on 5/6/11. (pkb, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARSKA MCDANIEL,

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Plaintiff,
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versus
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PORT ARTHUR POLICE DEPARTMENT, §
et al.,
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Defendants.
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CIVIL ACTION NO. 1:08-CV-421

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Marska McDaniel, formerly an inmate confined in the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this lawsuit
pursuant to 42 U.S.C. § 1983 against the Port Arthur Police Department, Mark Blanton, and Tony
Legnon.
The court referred this matter to the Honorable Earl S. Hines, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends this action be dismissed as frivolous and for failing to state a
claim upon which relief may be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered
in this case in accordance with the Magistrate Judge’s recommendation.

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SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 6th day of May, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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