Broussard v. Killen

Filing 23

MEMORANUDM ORDER overruling objections and adopting the magistrate judge's 9 Report and Recommendation. Signed by Judge Thad Heartfield on 9/18/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LEE BROUSSARD

§

VS.

§

ALFREAD KILLEN

§

CIVIL ACTION NO. 1:16cv137

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Lee Broussard, an inmate at the Wynne Unit of the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled lawsuit.
The court referred this matter 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 the action be dismissed as frivolous and for failure to state a
claim upon which relief may be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes plaintiff’s objections are without merit. For
the reasons set forth in the Report, plaintiff’s complaint is frivolous and fails to state a claim upon
which relief may be granted. Plaintiff objects that the Magistrate Judge applied Texas law on
limitations instead of federal law. However, as explained in the report, the forum state furnishes the
limitations period for § 1983 actions. See Owens v. Okure, 488 U.S. 235, 249-50 (1989). Therefore,

plaintiff’s complaint, filed May 6, 2016, involving claims which occurred in 2013 are barred by the
two year statute of limitations.
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 will be entered in this case in accordance with the Magistrate Judge’s
recommendations.

SIGNED this the 18 day of September, 2017.

____________________________
Thad Heartfield
United States District Judge

2