Melonson v. Stephens et al

Filing 22

ORDER overruling objections and adopting 13 Report and Recommendation. Defts JCCF Infirmary Department and Zena Stephens are dismissed from this action. Signed by District Judge Michael J. Truncale on 11/26/24. Mailed to Melonson 11/26(tkd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BRIAN MELONSON

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VS.

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ZENA STEPHENS, ET AL.

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CIVIL ACTION NO. 1:22-CV-565

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Brian Melonson, a prisoner previously confined at the Jefferson County Correctional
Facility (JCCF), proceeding pro se and in forma pauperis, filed this civil rights action pursuant to
42 U.S.C. § 1983 against Zena Stephens, the JCCF Infirmary Department, Kim King, T. Theriot, and
the Director of Correctional Health.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this Court. The magistrate judge
recommends dismissing the claims against the JCCF Infirmary Department and Zena Stephens
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, filed pursuant to such order, along with the record and the pleadings. Plaintiff
filed objections to the 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 of all the pleadings and
the relevant case law, the Court concludes the objections are without merit.

ORDER
Accordingly, Plaintiff’s objections [Dkt. 14] are OVERRULED. The findings of fact and
the conclusions of law of the magistrate judge are correct, and the report and recommendation of the
magistrate judge [Dkt. 13] is ADOPTED. Defendants JCCF Infirmary Department and Zena
Stephens are DISMISSED from this action.
SIGNED this 26th day of November, 2024.

____________________________
Michael J. Truncale
United States District Judge

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