Grebe v. Boyd et al

Filing 27

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 24 Report and Recommendation. Signed by Judge Ron Clark on 8/10/2011. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JACK ABBOTT GREBE, JR.

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VS.

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ANTHONY BOYD, ET AL.

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CIVIL ACTION NO. 1:08CV640

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Jack Abbott Grebe, Jr., an inmate formerly confined at FCI Beaumont Low,
proceeding pro se, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents
of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) against
former Associate Warden Anthony Boyd and Warden M. Martin.
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 that defendants' motion for summary judgment be
granted and that plaintiff’s civil rights complaint be dismissed for failure to exhaust
administrative remedies.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Plaintiff
filed objections to the Report and Recommendation. This requires a de novo review of the
objections in relation to the pleadings and applicable law. See FED . R. CIV . P. 72(b). After due
consideration, the Court is of the opinion that plaintiff’s objections are lacking in merit. As the
Magistrate Judge correctly noted, there is no question of material fact as to whether plaintiff has
exhausted his administrative remedies and plaintiff has failed to establish that his failure to exhaust
his administrative remedies should be excused. He did not utilize the sensitive issues protocol, which
allows an inmate to submit a request directly with a Regional Director.

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 recommendations.
So ORDERED and SIGNED this 10 day of August, 2011.

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Ron Clark, United States District Judge

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