Ghosh v. Unnamed Defendants

Filing 105

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the defendants' motion to dismiss should be granted and the exercise of supplemental jurisdiction should be declined. Signed by Judge Marcia A. Crone on 9/27/17. (mrp, )

UNITED STATES DISTRICT COURT
PATRICK GHOSH,
Plaintiff,
versus
KEVIN BELT, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:15-CV-17

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Patrick Ghosh, an inmate confined at the Hughes Unit, proceeding pro se, brought
this lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter 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 recommends the defendants’ motion to dismiss should be granted and the
exercise of supplemental jurisdiction should be declined.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.1
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report and recommendation of the Magistrate Judge is ADOPTED. The exercise

1

Plaintiff filed a motion for extension of time in which he claims he is being denied indigent supplies,
hindering his ability to object to the Magistrate Judge’s report. However, plaintiff has failed to explain why
his objections could not have been filed utilizing the same supplies he used to request an extension of time.
Plaintiff has failed to show good cause for an extension of time; thus, the report will be adopted. However,
the Court will conduct a de novo review of any objections filed within thirty (30) days from the date of the
judgment.

of supplemental jurisdiction is therefore declined in accordance with 28 U.S.C. § 1367(c). A final
judgment will be entered in this case in accordance with the Magistrate Judge’s recommendation.

So ORDERED and SIGNED this 27th day of September, 2017.

2