Barnes v. Carter et al
MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 47 Report and Recommendation. Signed by Judge Thad Heartfield on 9/19/2017. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
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.
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.
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).
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.
United States District Judge
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