Davis v. Phillips et al

Filing 38

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION that this action be dismissed for failure to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 2/25/16. (mrp, )

UNITED STATES DISTRICT COURT
FIDEL DAVIS,
Plaintiff,
versus
JUDGE LARRY GIST,
Defendant.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:13-CV-494

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Fidel Davis, an inmate confined at the Telford Unit in Texarkana, Texas,
proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983 against Judge Larry Gist.
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 for failure 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. 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 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 at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 25th day of February, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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