Coffman v. Dennis et al

Filing 6

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed pursuant to 28 USC 1915(g). Signed by Judge Marcia A. Crone on 2/13/09. (mrp, )

UNITED STATES DISTRICT COURT DAN COFFMAN, Plaintiff, versus KAREN L. DENNIS, et al., Defendants. § § § § § § § § §

EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 1:08-CV-610

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Dan Coffman, an inmate confined at the Stiles Unit, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983 against Karen L. Dennis, Bridghett G. Eddie, William Pittman, Latonia Y. Jones, and Darinda Wheeler. The court referred this matter 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 this action be dismissed pursuant to 28 U.S.C. § 1915(g). 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. Plaintiff filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED . R. CIV. P. 72(b). After careful consideration, the court concludes Plaintiff's objections are without merit. As the magistrate judge found, the allegations set forth in the complaint do not demonstrate Plaintiff is in "imminent danger of serious physical injury" as is required to proceed in forma pauperis under 28 U.S.C. § 1915(g). See Banos v. O'Guin, 144 F.3d 883, 884 (5th Cir. 1998).

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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. . SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 13th day of February, 2009.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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