Carl v. Rich et al
MEMORANDUM ORDER overruling pltf's objections and adopting 30 Report and Recommendation. Signed by Judge Ron Clark on 8/17/11. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
RICHARD ALAN CARL
S. RICH, ET AL.
CIVIL ACTION NO. 1:09-CV-965
MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Richard Alan Carl, a prisoner previously confined at the Stiles Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Warden S. Rich,
Lieutenant Broussard, Sergeant Carrier, and Warden G. Kroll.
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 complaint pursuant to 28
U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. 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.
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
So ORDERED and SIGNED this 17 day of August, 2011.
Ron Clark, United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?