Barnes v. Carter et al

Filing 50

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 47 Report and Recommendation. Signed by Judge Thad Heartfield on 9/19/2017. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION GEORGEBAY BARNES § VS. § C. CARTER, et al., § CIVIL ACTION NO. 1:17-CV-57 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Georgebay Barnes, an inmate confined at the Coffield Unit 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. 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 plaintiff’s civil rights action be dismissed pursuant to 28 U.S.C. § 1915(g). 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 pleading. 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 plaintiff’s objections lacking in merit. Despite plaintiff’s unwarranted complaints against Magistrate Judge Zack Hawthorn and other judges in this district, plaintiff has still failed to demonstrate he was under imminent danger of serious physical injury at the time he filed this complaint. 28 U.S.C. § 1915(g). 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. A final judgment will be entered in accordance with the recommendations of the Magistrate Judge. SIGNED this the 19 day of September, 2017. ____________________________ Thad Heartfield United States District Judge 2

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