Loften v. State Of Texas et al

Filing 9

ORDER overruling objections and adopting 5 Report and Recommendation. Signed by Judge Ron Clark on 8/24/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JAMES ERIC LOFTEN

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VS.

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STATE OF TEXAS, ET AL.

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CIVIL ACTION NO. 1:15cv151

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff James Eric Loften, an inmate at the Eastham Unit in Lovelady, Texas, proceeding
pro se, brought the above-styled lawsuit pursuant to 42 U.S.C. § 1983.
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 this action be dismissed as barred by 28 U.S.C. § 1915(g).
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).
This action was filed after being severed from one of plaintiff’s pending cases where plaintiff
attempted to assert civil rights claims in a petition for writ of habeas corpus. However, plaintiff is
barred from proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(g) based on multiple
previous cases being dismissed as frivolous and for failing to state a claim upon which relief may
be granted. While plaintiff contends he did not file this action, the action resulted from his attempt
to circumvent the limitations imposed under § 1915(g) by filing his claims in a habeas petition.

After careful consideration, the court concludes plaintiff’s objections are without merit. For the
reasons set forth in the Report, plaintiff’s complaint is barred by 28 U.S.C. § 1915(g).
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.

So ORDERED and SIGNED this 24 day of August, 2017.

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Ron Clark, United States District Judge