Hartfield v. Seringi et al

Filing 8

MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this civil rights action be dismissed as frivolous and for failure to state a claim upon which relief may be granted. Signed by Judge Thad Heartfield on 1/3/17. (mrp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DEVON L. HARTFIELD § VS. § SERINGI, ET AL. § CIVIL ACTION NO. 1:16-CV-468 MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Devon L. Hartfield, a prisoner confined at the Larry Gist State Jail Facility, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Warden Seringi, Assistant Warden Ortega, Assistant Regional Director Steve Massie, and Food Service Captain Florence Morris. 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the civil rights action pursuant to 28 U.S.C. § 1915(e) 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, along with the record and the pleadings. Petitioner filed a “Notice to the Court,” 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). After careful consideration, the court concludes the objections are without merit. Plaintiff alleges he missed a meal because he was allergic to the eggs he was served, and he was not given a replacement food tray. However, missing a single meal does not rise to the level of a constitutional violation. Berry v. Brady, 192 F.3d 504, 508 (5th Cir. 1999). ORDER Accordingly, plaintiff’s objections (document no. 7) 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. 4) is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation. SIGNED this the 3 day of January, 2017. ____________________________ Thad Heartfield United States District Judge 2

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