Never-Misses-A-Shot v. Bureau of Prisons et al

Filing 12

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this complaint be dismissed pursuant to 28 USC 1915(e) as frivolous and for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 8/25/11. (mrp, )

UNITED STATES DISTRICT COURT

LENFORD NEVER-MISSES-A-SHOT,
Plaintiff,
versus
BUREAU OF PRISONS, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:10-CV-765

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Lenford Never-Misses-A-Shot, a prisoner confined at the United States
Penitentiary 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 the Bureau of Prisons and Warden J. Fox.
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, 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.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 25th day of August, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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