Shelton v. Leon et al

Filing 17

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 13 Report and Recommendation. Signed by Judge Thad Heartfield on 10/30/2014. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MONTY SHELTON

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VS.

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BEINVENIDO LEON, ET AL.

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CIVIL ACTION NO. 1:12cv461

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Monty Shelton, an inmate formerly at the Federal Correctional Complex in
Beaumont, Texas, proceeding pro se, brought the above-styled lawsuit against Beinvenido Leon,
Michael Mattis, and Patrick Powdrill.
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 plaintiff’s lawsuit be dismissed as barred by limitations.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires 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 plaintiff’s objections should be overruled.
For the reasons set forth in the Report, plaintiff’s 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
recommendations.
SIGNED this the 30 day of October, 2014.

____________________________
Thad Heartfield
United States District Judge