Howard v. Gilder et al

Filing 5

MEMORANDUM ORDER adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 7/19/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
PATRICK JAMES HOWARD

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VS.

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MARY L. GILDER, ET AL.

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CIVIL ACTION NO. 1:17-CV-188

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Patrick James Howard, a prisoner confined at the Stiles Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. Plaintiff sought leave to proceed in forma pauperis.
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 has submitted a Report and Recommendation of United States Magistrate
Judge recommending that plaintiff should be denied leave to proceed in forma pauperis, and the
action should 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 the pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by the
parties.

ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct,
and the report of the magistrate judge (document no. 3) is ADOPTED. A final judgment will be
entered in this case in accordance with the magistrate judge’s recommendation.
SIGNED this the 19 day of July, 2017.

____________________________
Thad Heartfield
United States District Judge

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