Gordon v. Brewer et al

Filing 27

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 24 Report and Recommendation. Signed by Judge Thad Heartfield on 9/18/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
STEVEN GORDON

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VS.

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WARDEN BREWER, ET AL.

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CIVIL ACTION NO. 1:17cv64

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Steven Gordon, an inmate at the Telford Unit of the Texas Department of Criminal
Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, brought the
above-styled lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the action be dismissed without prejudice for failing to state a
claim upon which relief may be granted.
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 concludes plaintiff’s objections are without merit. For
the reasons set forth in the Report, plaintiff’s complaint fails to state a claim upon which relief may
be granted. Plaintiff argues he has now exhausted the grievance procedure. A review of the
grievances submitted reveals plaintiff did not complete the administrative remedy procedure until

sixty days after he filed the complaint. However, as explained in the Report, pre-filing exhaustion
is mandatory.
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 this case in accordance with the Magistrate Judge’s
recommendations.

SIGNED this the 18 day of September, 2017.

____________________________
Thad Heartfield
United States District Judge