Fisher v. Matt et al

Filing 43

MEMORANDUM ORDER adopting the magistrate judge's 34 Report and Recommendation. Signed by District Judge Marcia A. Crone on 3/16/2018. (bjc)

UNITED STATES DISTRICT COURT

DAVID LEE FISHER,
Plaintiff,
versus
CAPTAIN JOHNSON, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:11-CV-492

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff David Lee Fisher, a prisoner previously confined at the United States Penitentiary
in Beaumont, Texas, proceeding pro se and in forma pauperis, brought this civil rights action
pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971),
against Captain Johnson, Warden Fox, and Director Hardin L. Lappin.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The magistrate judge recommends dismissing the action 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 filed pursuant to such order, along with the record, pleadings and all available
evidence. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.

ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the report of the magistrate judge (#34) is ADOPTED. A final judgment will be
entered in this case in accordance with the magistrate judge’s recommendation.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 16th day of March, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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