Swanzy v. Stovall et al

Filing 12

ORDER; adopting 9 Report and Recommendations; ORDERED that Plaintiffs complaint is DISMISSED WITH PREJUDICE as frivolous for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1). Signed by Judge Rodney Gilstrap on 3/31/13. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PAT LANE SWANZY, JR., #1812125

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VS.

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G.F. (CORKY) STOVALL, ET AL.

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CIVIL ACTION NO. 2:13cv112

ORDER OF DISMISSAL
Plaintiff Pat Lane Swanzy, Jr., confined in the Gurney Unit of the Texas prison system,
proceeding pro se and seeking to proceed in forma pauperis, filed the above-styled and numbered
civil rights lawsuit pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate
Judge Roy S. Payne, who issued a Report and Recommendation (“R&R”) recommending that the
complaint be dismissed with prejudice as frivolous for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. § 1915A(b)(1).
Plaintiff filed objections (docket entry #11). In his objections, he does not address the basis
of the Magistrate Judge’s R&R, but attempts to amend the allegations of his original complaint with
additional detail that he believes would state a claim under § 1983. He is incorrect. Regardless of
the additional detail, which is immaterial, the proper form for his claim is in a petition for writ of
habeas corpus. Furthermore, even with the additional facts he has added, the Defendants he has
named remain immune from suit under § 1983 for the reasons stated in the R&R. Therefore, his
objections will be overruled.
Having made a de novo review of the objections raised by Plaintiff to the Report, the Court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and that the
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objections of Plaintiff are without merit. Therefore, the Court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that Plaintiff’s objections are OVERRULED. It is further
ORDERED that Plaintiff’s complaint is DISMISSED WITH PREJUDICE as frivolous
for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1).
It is finally
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
The Clerk shall send a copy of this Order of Dismissal to the Three Strikes Administrator for the
Eastern District of Texas.

So Ordered and Signed on this

Mar 31, 2013

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