Butz v. Geo Group et al

Filing 19

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this case be dismissed as frivolous and for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 3/9/09. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

ELMER JAMES BUTZ, Plaintiff, versus GEO GROUP, et al., Defendants.

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CIVIL ACTION NO. 1:08-CV-515

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Elmer James Butz, a prisoner previously confined at the Newton County Correctional Facility, proceeding pro se and in forma pauperis, brought this civil rights action pursuant to 42 U.S.C. § 1983 against the GEO Group and Correctional Officer G. Johnson. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure 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 order, 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 accordance with the magistrate judge's recommendation. . SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 9th day of March, 2009.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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