Steels v. TDCJ-CID et al

Filing 8

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this case be dismissed for failing to state a claim upon which relief may be granted. Signed by Judge Marcia A. Crone on 7/26/17. (mrp, )

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UNITED STATES DISTRICT COURT § § Plaintiff, § § versus § § TEXAS DEPT. OF CRIM. JUSTICE, et al., § § Defendants. § EASTERN DISTRICT OF TEXAS PRINCELLA V. STEELS, CIVIL ACTION NO. 1:16-CV-519 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Princella V. Steels, an inmate confined at the Hobby Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The court previously 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 has submitted a Report and Recommendation of United States Magistrate Judge recommending the case be dismissed for failing to state a claim upon which relief may be granted The court has received the Report and Recommendation, along with the record, pleadings, and all available evidence. Plaintiff filed 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. After careful consideration, the court is of the opinion the objections are without merit. The magistrate judge correctly concluded that as Texas has an adequate postdeprivation remedy, the negligent deprivation of property by prison officials does not violate a constitutional right. ORDER Accordingly, the objections filed by 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 shall be entered dismissing this lawsuit. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Plano, Texas, this 26th day of July, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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