Sellers v. Martin

Filing 5

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed as frivolous and for failing to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 2/14/13. (mrp, )

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UNITED STATES DISTRICT COURT DANNY A. SELLERS, Plaintiff, versus M. MARTIN, Defendant. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:11-CV-624 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Danny A. Sellers, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this lawsuit against M. Martin. 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 this action be dismissed as frivolous and for failing 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 referral, 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 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 Sherman, Texas, this 14th day of February, 2013. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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