Spencer v. Jefferson County Correctional Facility Staff, et al

Filing 35

ORDER overruling objections and adopting the magistrate judge's 28 Report and Recommendation. The motion to dismiss filed by defendant Williams is granted and defendant Williams is dismissed from this lawsuit. Signed by District Judge Ron Clark on 8/14/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JEREMY SPENCER

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VS.

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ERICA J. HAYES, ET AL.

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CIVIL ACTION NO. 1:17cv43

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jeremy Spencer, proceeding pro se, filed the above-styled lawsuit against several
defendants, including Welona Williams. The Court previously referred this matter to the Honorable
Zack Hawthorn, United States Magistrate Judge, for consideration pursuant to applicable orders of
this court.
Defendant Williams has filed a motion to dismiss (doc. no. 20). The Magistrate Judge has
submitted a Report and Recommendation granting the motion to dismiss because plaintiff failed
to state a claim against defendant Williams upon which relief could be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the 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. Plaintiff alleges defendant Williams prevented him from filing
grievances. However, as an inmate does not have a constitutionally protected right of access to
a grievance procedure, plaintiff’s allegations against defendant Williams fail to state a claim upon
which relief may be granted. Samuels v. Hay, 128 F. App’x 395, 396 (5th Cir. 2005).

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. The
motion to dismiss filed by defendant Williams is GRANTED and defendant Williams is
DISMISSED from this lawsuit.
So ORDERED and SIGNED this 14 day of August, 2018.

____________________________
Ron Clark, Senior District Judge

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