Mattox v. Choate

Filing 10

ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this action be dismissed as frivolous and for failure to state ac claim upon which relief may be granted. Signed by Judge Ron Clark on 1/4/17. (mrp, )

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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ROBERT CHOATE

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CIVIL ACTION NO. 1:16cv401

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Michael Mattox, an inmate at the Ellis Unit, proceeding pro se, brought the abovestyled lawsuit against Robert Choate.
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 this 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).
While plaintiff filed a general objection to the findings and conclusions of the Magistrate
Judge, he made no specific objections to the Report and Recommendation.

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.

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.
So ORDERED and SIGNED this 4 day of January, 2017.

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Ron Clark, United States District Judge