Quirk v. Woods et al

Filing 18

MEMORANDUM ORDER adopting 14 Report and Recommendation. Signed by Judge Ron Clark on 8/24/10. (tkd, )

Quirk v. Woods et al

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOSHUA M. QUIRK VS. MITCH WOODS, ET AL § § § CIVIL ACTION NO. 1:10CV68

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff, Joshua M. Quirk, currently an inmate confined at the Jefferson County Correctional Facility in Beaumont, Texas, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. 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 the claims against defendant Mitch Woods be dismissed as frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e). 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 Recommendation1. 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. 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

Only July 9, 2010, plaintiff filed what the clerk docketed as objections to the above-referenced report and p la in ti f f ' s motion to amend. A separate order was issued granting plaintiff's motion to amend.

1

Dockets.Justia.com

ADOPTED. A partial judgment will be entered in this case in accordance with the magistrate judge's recommendations.

So ORDERED and SIGNED this 24 day of August, 2010.

___________________________________ Ron Clark, United States District Judge

2