Dillard v. Burns et al

Filing 13

MEMORANDUM OPINION AND ORDER. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report is partially adopted, to the extent is recommends dismissal for failure to state a claim. Signed by Judge Marcia A. Crone on 3/2/17. (mrp, )

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UNITED STATES DISTRICT COURT DEWEY EUGENE DILLARD, Plaintiff, versus LEMUR R. BURNS, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:16-CV-512 MEMORANDUM OPINION AND ORDER Plaintiff, Dewey Eugene Dillard, an inmate confined at the Jester III, 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 against defendants Burns and McCoy. 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 for failure to state a claim. 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). In his objections, plaintiff asks that this action be voluntarily dismissed and that he be allowed to re-file his claims once he obtains assistance of inmate counsel. 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 PARTIALLY ADOPTED, to the extent it recommends dismissal. 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 2nd day of March, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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