Spencer v. Ardoin et al
ORDER overruling objections and adopting 14 and 15 Reports and Recommendations. Signed by Judge Ron Clark on 3/10/17. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JEREMY P. SPENCER
VANESSA ARDOIN, ET AL.
CIVIL ACTION NO. 1:16-CV-95
ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORTS AND RECOMMENDATIONS
Plaintiff Jeremy P. Spencer, a prisoner confined at Jefferson County Correctional Facility,
proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983
against Vanessa Ardoin and Officer Jones.
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 plaintiff’s motion to dismiss the claims
against Officer Jones. The Magistrate Judge also recommends dismissing the action pursuant to 28
U.S.C. § 1915(e).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff does not object to the dismissal
of Officer Jones, but he has filed objections to the Magistrate Judge’s Report recommending
dismissal of the action.
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). Plaintiff’s claim that he was denied access to legal
materials to research his criminal case lacks merit because he was represented by counsel. Dickson
v. Fort Bend County, 325 F. App’x 389, 390 (5th Cir. 2009). After careful consideration, the court
concludes the objections are without merit.
Accordingly, plaintiff’s objections (document no. 17) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the reports of the Magistrate
Judge (document nos. 14 and 15) are ADOPTED. A final judgment will be entered in this case in
accordance with the Magistrate Judge’s recommendations.
So Ordered and Signed
Mar 10, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?