Arthur v. Hodges et al

Filing 13

MEMORANDUM OPINION AND ORDER. The Magistrate Judge recommends this action be dismissed as repetitious of the complaint filed in Civil Action No. 1:16cv220. Signed by Judge Marcia A. Crone on 12/21/16. (mrp, )

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UNITED STATES DISTRICT COURT THEODORE ROOSEVELT ARTHUR, Plaintiff, versus MS. HODGES, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:16-CV-222 MEMORANDUM OPINION AND ORDER Plaintiff, Theodore Roosevelt Arthur, an inmate confined at the Larry Gist Unit, with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against several defendants. The court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends this action be dismissed as repetitious of the complaint filed in Civil Action No. 1:16cv220. 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 finds plaintiff’s objections are without merit. Plaintiff merely suggests the cases should be treated separately as they were filed separately in the Northern District of Texas and transferred separately by the Northern District to the Eastern District of Texas, Beaumont Division. The Northern District of Texas transferred the cases based on venue alone. Plaintiff offers no other explanation as to how the two cases are dissimilar. A separate review by this court reveals the two cases are identical in form and substance. Civil Action 1:16cv220 is still pending in the Eastern District of Texas, Beaumont Division. ORDER Accordingly, the objections of the plaintiff 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 at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 21st day of December, 2016. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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