White v. United States of America et al

Filing 14

ORDER OVERRULING OBJECTIONS AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The court has undertaken a de novo review of the report and recommendation and concludes that the magistrate judge correctly found White's claims to be "frivolous". Signed by Judge Marcia A. Crone on 12/22/15. (mrp, )

UNITED STATES DISTRICT COURT
HELEN JUNE WHITE,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:15-cv-271

ORDER OVERRULING OBJECTIONS AND ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
The Court referred this case to the Honorable Zack Hawthorn, United States Magistrate
Judge, for pretrial management pursuant to General Order 05-07. The Court has received and
considered the report (Doc. No. 11) of the magistrate judge, who recommends that the court
dismiss this case with prejudice pursuant to 28 U.S.C. § 1915(e)(2). The Plaintiff, Helen June
White, filed timely objections (Doc. No. 13) to the report and recommendation.
A party who files timely written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(l)(c) (Supp. IV 2011); FED. R. CIV. P.
72(b)(2)–(3). “Parties filing objections must specifically identify those findings [to which they
object]. Frivolous, conclusive or general objections need not be considered by the district
court.” Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on
other grounds by Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc).

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The court has undertaken a de novo review of the report and recommendation and
concludes that the magistrate judge correctly found White’s claims to be “frivolous” as
contemplated by 28 U.S.C. § 1915(e)(2)(B)(i).
It is ORDERED that White’s objections (Doc. No. 13) are OVERRULED; the
magistrate judge’s report and recommendation (Doc. No. 11) is ADOPTED; and White’s claims
are dismissed with prejudice. A final judgment will be entered separately.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 22nd day of December, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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