King v. Steven et al

Filing 14

MEMORANDUM ORDER OVERRULING PLA'S OBJECTIONS AND ADOPTING 8 REPORT AND RECOMMENDATIONS. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. Signed by Judge Thad Heartfield on 12/17/09. (pkb, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION VERNON KING, JR. VS. RICH N. STEVEN, ET AL. § § § CIVIL ACTION NO. 1:09-CV-972

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Vernon King, Jr., a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff requested leave to proceed in forma pauperis. The court ordered that this matter be referred to the Honorable Earl S. Hines, 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 denying plaintiff leave to proceed in forma pauperis. The magistrate judge also recommends dismissing the action pursuant to 28 U.S.C. § 1915(g), unless plaintiff paid the $350 filing fee within ten days. 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. Plaintiff has not paid the filing fee, and he has not demonstrated that he was in imminent danger of serious physical injury at the time he filed this lawsuit.

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. SIGNED this the 17 day of December, 2009.

____________________________ Thad Heartfield United States District Judge

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