Wheatley v. Liberty County Texas

Filing 12

Memorandum Order Overruling Plaintiff's Objections and Adopting the Magistrate Judge's Report and Recommendation that this complaint be dismissed as repetitious. Signed by Judge Marcia A. Crone on 4/23/12. (mrp, )

UNITED STATES DISTRICT COURT

CLIFFORD H. WHEATLEY,
Plaintiff,
versus
LIBERTY COUNTY, TEXAS,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-65

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Clifford H. Wheatley, a prisoner confined at the Liberty County Jail, proceeding
pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Liberty County, Texas.
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 as repetitious
of cause number 1:12-CV-59.
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. The dismissal of this action is not a ruling on the merits of

plaintiff’s claims. Cause number 1:12-CV-59 is still pending, and plaintiff may file any motions
in that cause number.
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

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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 23rd day of April, 2012.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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