Loftin v. Buzzanga et al

Filing 12

MEMORANDUM ORDER overruling plaintiff's objections and adopting the magistrate judge's 10 Report and Recommendation. Signed by Judge Marcia A. Crone on 3/16/2010. (bjc, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS REGINALD LOFTIN, Plaintiff, versus DR. VICTORIA BUZZANGA, et al., Defendants. § § § § § § § § § CIVIL ACTION NO. 1:09-CV-462 MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Reginald Loftin, a prisoner confined at the federal prison camp in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against Dr. Victoria Buzzanga, Dr. Lee Hoover, Les Phillips, John B. Fox, Gerardo Maldonado, Jr., Harrell Watts, Sonya Freeney, and C. Luce. 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the action because plaintiff lacks standing to prosecute the claim. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the magistrate judge's Report and Recommendation. The court has conducted 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 the objections are without merit. 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 Sherman, Texas, this 16th day of March, 2010. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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