Westerby v. Abbott et al

Filing 46

ORDER overruling objections and adopting the magistrate judge's 7 Report and Recommendation. Signed by Judge Thad Heartfield on 7/29/2014. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CHARLES WESTERBY

§

VS.

§

GREG ABBOTT, ET AL.

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CIVIL ACTION NO. 1:13cv316

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Charles Westerby, an inmate confined within the Texas Department of Criminal Justice,
Correctional Institutions Division, proceeding pro se, filed the above-styled civil rights lawsuit
against Greg Abbott, K. Creckul and Warden White.
The court previously referred this matter to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable
orders of this Court. The Magistrate Judge has submitted a Report and Recommendation of United
States Magistrate Judge concerning this matter. The Magistrate Judge recommends the lawsuit be
dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report
and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. After careful consideration, the court is of the opinion plaintiff’s objections are
without merit. While plaintiff states he is asserting a life endangerment claim, his complaint appears
to state he has been improperly denied release on parole. Plaintiff has failed to set forth specific facts
demonstrating he was in imminent danger of serious physical injury on the date he filed his lawsuit.
Plaintiff has therefore failed to overcome the bar imposed by Section 1915(g).
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 as the opinion of the court. A final judgment shall be entered in accordance with the
recommendation of the Magistrate Judge.
SIGNED this the 29 day of July, 2014.

____________________________
Thad Heartfield
United States District Judge