Nunn v. Vasquez

Filing 7

MEMORANDUM ORDER overruling plaintiff's objections and adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 5/20/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TYRONE NUNN, SR.

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VS.

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WARDEN VASQUEZ

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CIVIL ACTION NO. 1:13-CV-218

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Tyrone Nunn, Sr., a federal prisoner confined in Beaumont, Texas, proceeding pro
se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971), against Warden Vasquez.
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 recommended dismissing the complaint pursuant to 28 U.S.C.
§ 1915(g), unless plaintiff paid the $350 filing fee within fourteen days.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. 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.
SIGNED this the 20 day of May, 2013.

____________________________
Thad Heartfield
United States District Judge

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