Barnes v. Barber et al

Filing 23

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 20 Report and Recommendation. Signed by Judge Thad Heartfield on 9/21/2017. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION GEORGEBAY BARNES § VS. § MARK A. BARBER, et al., § CIVIL ACTION NO. 1:16-CV-502 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Georgebay Barnes, an inmate formerly confined at the Mark Stiles Unit with 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. 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 plaintiff’s in forma pauperis status be revoked and this civil rights action be dismissed pursuant to 28 U.S.C. § 1915(g). The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleading. Plaintiff filed objections to the Report and Recommendation of United States Magistrate Judge. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court finds plaintiff’s objections lacking in merit. Plaintiff complains of the findings of Magistrate Judge Zack Hawthorn which has no connection to the abovereferenced civil rights action. Regardless, plaintiff has failed to demonstrate he was under imminent danger of serious physical injury at the time he filed this complaint and has failed to pay the filing fee. 28 U.S.C. § 1915(g). 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 accordance with the recommendations of the Magistrate Judge. SIGNED this the 21 day of September, 2017. ____________________________ Thad Heartfield United States District Judge 2

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