Stimits v. Jasper County Correctional Facility et al

Filing 19

MEMORANDUM ORDER overruling objections and adopting 16 Report and Recommendation. Signed by Judge Ron Clark on 5/11/17. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MARTY STIMITS § VS. § JASPER COUNTY CORRECTIONAL FACILITY, et al., § CIVIL ACTION NO. 1:16-CV-520 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Marty Stimits, a pre-trial detainee confined at the Jasper County Correctional Facility, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against several defendants. 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 claims against the Jasper County Correctional Facility and Sheriff Mitchell Newman, and plaintiff’s official capacity claims against defendants Dry and Cogbil, be dismissed for failure to state a claim and as frivolous. 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 pleadings. 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 the objections lacking in merit. Plaintiff’s claims against defendants Dry and Cogbil in their individual capacity shall proceed. 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 partial judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. So ORDERED and SIGNED this 11th day of May, 2017. 2

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