Spencer v. Ardoin et al

Filing 19

ORDER overruling objections and adopting 14 and 15 Reports and Recommendations. Signed by Judge Ron Clark on 3/10/17. (tkd, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JEREMY P. SPENCER § VS. § 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. ORDER 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 2

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?