Prejean v. Daniels et al

Filing 48

ORDER overruling pltf's objections adopting 42 Report and Recommendation. Defts' 36 Motion to Dismiss is granted. Signed by Judge Ron Clark on 9/27/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DAVID PREJEAN

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VS.

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CHARLES A. DANIELS, ET AL.

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CIVIL ACTION NO.

1:14-CV-368

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff David Prejean, a former federal prisoner, proceeding pro se and in forma pauperis,
filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971).
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 granting the motion to dismiss or for summary
judgment filed by defendants David Gonzales, Jr. and Charles Daniels.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. 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. Plaintiff has not alleged facts that indicate that Gonzalez or
Daniels were personally involved in denying him adequate medical treatment, or in violating his
rights through implementation of an unconstitutional policy. Conclusory statements and claims
that unspecified evidence might exist to support unstated claims are insufficient.

ORDER
Accordingly, plaintiff’s objections (document no. 47) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 42) is ADOPTED. Defendants’ motion to dismiss (document no. 36) is
GRANTED. A partial judgment will be entered in this case in accordance with the Magistrate
Judge’s recommendation.
So ORDERED and SIGNED this 27 day of September, 2016.

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Ron Clark, United States District Judge

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