Mattox v. Owens et al

Filing 9

ORDER overruling plaintiff's objections and adopting the magistrate judge's 6 Report and Recommendation. Signed by Judge Ron Clark on 9/11/2016. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MICHAEL MATTOX

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VS.

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JEROME OWENS, ET AL.

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CIVIL ACTION NO. 1:16-CV-135

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Michael Mattox, a prisoner confined at the Ellis Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed
this civil rights action pursuant to 42 U.S.C. § 1983 against Jerome Owens, Robert Choate, and
Edward Tracy.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The Magistrate Judge recommends dismissing the action without prejudice 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. The court received correspondence from
the plaintiff, which the court liberally construes as objections to the Magistrate Judge’s Report and
Recommendation.
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 letter does not object to the substance of
the Report and Recommendation, or even attempt to show that his conviction has been reversed, but

rather reiterates what he claims to be his damages. After careful consideration, the court concludes
the “objections” are without merit.
ORDER
Accordingly, plaintiff’s objections (document no. 8) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 6) is ADOPTED. A final judgment will be entered in this case in accordance
with the Magistrate Judge’s recommendation.

So Ordered and Signed
Sep 11, 2016

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