Levingston v. Gautreaux et al

Filing 14

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 9 Report and Recommendation. Signed by Judge Thad Heartfield on 7/9/2015. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CHRISTOPHER ALAN LEVINGSTON

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VS.

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BURT GAUTREAUX, ET AL.

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CIVIL ACTION NO. 1:13cv657

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Christopher Alan Levingston, an inmate at the Havins Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled
lawsuit.
The court referred this matter 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 the action be dismissed as frivolous.
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 are without merit. For
the reasons set forth in the Report, plaintiff’s claims are without merit and barred by the applicable
statute of limitations. Thus, plaintiff’s complaint is frivolous and fails to state a claim upon which
relief may be granted.
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 9 day of July, 2015.

____________________________
Thad Heartfield
United States District Judge

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