Cole v. Beaumont Police Department et al

Filing 15

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 7 Report and Recommendation. Signed by District Judge Thad Heartfield on 8/9/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ARTAVIAS COLE

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VS.

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BEAUMONT POLICE
DEPARTMENT, et al.,

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CIVIL ACTION NO. 1:17-CV-513

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Artavias Cole, a pre-trial detainee at the Jefferson County Correctional Facility,
proceeding pro se, filed this civil rights complaint pursuant to 42 U.S.C. § 1983 against the
defendants.
The court referred this matter to the Honorable Keith Giblin United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The
Magistrate Judge recommends the complaint be dismissed for want of prosecution as plaintiff has
not paid the initial partial filing fee.
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. Plaintiff
has had ample time to pay the initial partial filing fee as ordered and has yet to do so.

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 9 day of August, 2018.

____________________________
Thad Heartfield
United States District Judge

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