Newton v. Apperson et al

Filing 31

ORDER OVERRULING OBJECTIONS AND ADOPTING 25 THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by District Judge Thad Heartfield on 3/7/2019. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
RONALD E. NEWTON

§

VS.

§

JAIME APPERSON, ET AL.

§

CIVIL ACTION NO. 1:15cv409

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Ronald E. Newton, proceeding pro se, filed the above-styled lawsuit. The Court
previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for
consideration pursuant to applicable orders of this court. The Magistrate Judge has submitted a
Report and Recommendation of United States Magistrate Judge recommending this case be
dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record.

Plaintiff filed objections to the Report and

Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law.

After careful consideration, the Court is of the opinion the objections are

without merit. The Magistrate Judge’s recommendation was based on his conclusion that plaintiff
had previously had three lawsuits dismissed for reasons that constitute a strike pursuant to Section
1915(g). In his objections, plaintiff states that one of his prior cases, Newton v. Watkins, No.
3:12cv3397 (N.D. Tex. Dec. 3, 2012), should not count as a strike because that case challenged his
custody and was therefore a petition for writ of habeas corpus. However, Newton v. Watkins was
filed on a form used to file civil rights lawsuits. Moreover, the district court treated that lawsuit as
a civil rights action. As a result, the Magistrate Judge correctly concluded Newton v. Watkins counts
as a strike under Section 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 shall be entered dismissing this lawsuit.

SIGNED this the 7 day of March, 2019.

____________________________
Thad Heartfield
United States District Judge

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