Fregia v. Theriot et al
MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Marcia A. Crone on 3/12/15. (mrp, )
UNITED STATES DISTRICT COURT
JASON CORY FREGIA,
WAYNE THERIOT, et al.,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13-CV-702
MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jason Cory Fregia, proceeding pro se and in forma pauperis, filed this civil action
Sergeant Wayne Theriot, the City of Sour Lake, Sour Lake Chief of Police Michael Holzapfel,
Hardin County Sheriff Ed Cain, and Hardin County.
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 action pursuant to Federal
Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915(e).
The magistrate judge also
recommends declining to exercise supplemental jurisdiction over the state law claims.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff 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. Although he has amended his complaint twice, plaintiff alleges
he should be allowed to amend his complaint a third time to state a claim. However, any proposed
amendments would not correct the deficiencies in plaintiff’s complaint because his claims are
barred by the statute of limitations.
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
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 12th day of March, 2015.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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