Cloud v. United States

Filing 9

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION. The court finds plaintiff's objections are without merit. This court cannot determine the factual or legal basis for any cause of action. Signed by Judge Marcia A. Crone on 2/28/17. (mrp, )

UNITED STATES DISTRICT COURT

RONNIE ADAM CLOUD,
Petitioner,
versus
UNITED STATES,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-10

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This complaint was filed on a form petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 by pro se litigant, Ronnie Adam Cloud. According to the petition, however, Mr.
Cloud is not currently incarcerated.
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 the petition be dismissed as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(b) as the complaint recites fantastic charges which are clearly fanciful or delusional
in nature.
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).

After careful consideration, the court finds plaintiff’s objections are without merit. The
objections are similarly delusional and fanciful in nature. This court cannot determine the factual
or legal basis for any cause of action.
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
ADOPTED. 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 28th day of February, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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