Moye v. Collier et al

Filing 33

MEMORANDUM ORDER overruling pltf's objections and adopting 14 Report and Recommendation. Defts Brian Collier and Wayne Brewer are dismissed from this action. Signed by District Judge Marcia A. Crone on 7/15/19. (tkd, )

UNITED STATES DISTRICT COURT

ZACHARY L. MOYE,
Plaintiff,
versus
BRIAN COLLIER, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-525

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Zachary L. Moye, a prisoner previously confined at the Stiles Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro
se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Brian
Collier, Wayne Brewer, Schuyler Levias, Danny J. Landrum, Tammy Bassett, and Tvette Hall.
The court ordered that this matter be referred 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.

The magistrate judge recommends dismissing the claims against

defendants Brian Collier and Wayne Brewer pursuant to 28 U.S.C. § 1915(e) as frivolous and 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, along with the record, pleadings, and all available evidence. Plaintiff filed
objections to the magistrate judge’s Report and Recommendation.

The court has conducted 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
the objections are without merit.
ORDER
Accordingly, plaintiff’s objections (#17) are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#14)
is ADOPTED. Defendants Brian Collier and Wayne Brewer are DISMISSED from this action.

Signed this date
Jul 15, 2019

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