Grant v. Aubry Cole Law Enforcement Center et al

Filing 48

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 44 Report and Recommendation. Signed by Judge Thad Heartfield on 7/31/2012. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION TYRONE GRANT § VS. § AUBREY COLE LAW ENFORCEMENT CENTER, ET AL. § CIVIL ACTION NO. 1:09-CV-772 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Tyrone Grant, a former pretrial detainee housed at the Aubrey Cole Law Enforcement Center in Jasper, Texas, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends plaintiff’s civil rights action filed pursuant to 42 U.S.C. § 1983 be dismissed for failure to state a claim. 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 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 finds the objections lacking in 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. SIGNED this the 31 day of July, 2012. ____________________________ Thad Heartfield United States District Judge 2

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