McMillian v. Newman et al
ORDER adopting 49 Report and Recommendation. Signed by Judge Ron Clark on 3/4/15. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MITCHELL NEWMAN, ET AL.
CIVIL ACTION NO. 1:13-CV-518
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James McMillian, a prisoner previously confined at the Jasper County Jail,
proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983
against Sheriff Mitchell Newman and Marcus Barber.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The Magistrate Judge recommends dismissing the claims against defendant Newman as
frivolous and 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 order, along with the record and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct,
and the report of the Magistrate Judge is ADOPTED. A partial judgment will be entered in this case
in accordance with the Magistrate Judge’s recommendation.
So ORDERED and SIGNED this 4 day of March, 2015.
Ron Clark, United States District Judge
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