Kiderlen v. Fox et al

Filing 9

ORDER overruling Plaintiff's objections and adopting the magistrate judge's 4 Report and Recommendation. Signed by Judge Ron Clark on 3/12/2014. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
STEVEN KIDERLEN

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VS.

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JOHN B. FOX, ET AL.

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CIVIL ACTION NO. 1:13-CV-658

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Steven Kiderlen, a federal prisoner confined in Beaumont, Texas, proceeding pro
se, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), against John B. Fox, R. Childers, Forbes, Kenneth Russo, R.
Horton, D. Froisness, C. Brown, M. Fry, and P. Lamb.
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 has not paid the filing fee, but
he 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. Plaintiff claims concern three isolated instances of staff misconduct
that allegedly took place at the Beaumont penitentiary on February 22, 2013, May 18, 2013, and July
1, 2013. Plaintiff was transferred from the penitentiary to a prison facility in Colorado within days

after he filed this action. Plaintiff has not demonstrated that the isolated incidents placed him in
imminent danger of serious physical harm.
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.
So ORDERED and SIGNED this 12 day of March, 2014.

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Ron Clark, United States District Judge

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