Clervrain v. Chapa et al

Filing 42

MEMORANDUM ORDER adopting the magistrate judge's 40 Report and Recommendation. Signed by District Judge Thad Heartfield on 1/29/2021. (bjc, )

Case 1:17-cv-00452-TH-ZJH Document 42 Filed 01/29/21 Page 1 of 2 PageID #: 618

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MANETIRONY CLERVRAIN

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VS.

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RACHEL CHAPA, ET AL.

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CIVIL ACTION NO. 1:17-CV-452

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Manetirony Clervrain, a prisoner previously confined at the Federal Correctional
Institution in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil action pursuant
to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against
Rachel Chapa, F. Bowers, Derick Edge, M. Garrison, M. Laguna, D. Sorrels, M. Sweet, Captain
Gustafason, Baez Patino, J. Gonzales, K. Ford, B. Walker, M. Garnica, B. Gann, J. Herdrich, M.
Bonzio, A. Collins, J. Landry, Mail Supervisor Sheldon, Correctional Secretary Hope, C. Hall, and W.
Clerpper.
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 has submitted a Report and Recommendation of United States Magistrate Judge. The
magistrate judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e) for failure 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 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.

Case 1:17-cv-00452-TH-ZJH Document 42 Filed 01/29/21 Page 2 of 2 PageID #: 619

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. 40) is ADOPTED. A final judgment will be entered
in this case in accordance with the magistrate judge’s recommendation.
SIGNED this the 29 day of January, 2021.

____________________________
Thad Heartfield
United States District Judge

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