Tatum v. Upton et al

Filing 8

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Thad Heartfield on 11/25/08. (pkb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MONKEITH SHAROD TATUM VS. JODY R. UPTON CIVIL ACTION NO. 1:08cv616 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Monkeith Sharod Tatum, an inmate confined at the Federal Correctional Complex at Beaumont, Texas, filed the above-styled civil rights lawsuit. The court previously referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. 636 and applicable orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending this lawsuit be dismissed with prejudice until plaintiff satisfies the requirements set forth in Heck v. Humphrey, 512 U.S. 477 (1994). The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. No objections were filed to the Report and Recommendation.1 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 Plaintiff filed what he styled "Objections to the Report and Recommendation." However, the "objections" contain the following two sentences: "Based on Heck v. Humphrey, 512 U.S. 477, 486-87, which has not been satisfied, [plaintiff] agree[s] with the report and recommendation that his complaint be dismissed with prejudice until he satisfies the requirements set forth in Heck v. Humphrey. Wherefore, the Plaintiff respectfully prays the Court will dismiss his complaint with prejudice [until] the requirements set forth in Heck v. Humphrey are [met] by him." Based on this, it is clear plaintiff agrees with, rather than objects to, the Report and Recommendation. 1 dismissing this lawsuit in accordance with the magistrate judge's recommendation. SIGNED this the 25 day of November, 2008. ____________________________ Thad Heartfield United States District Judge

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