Wilson v. Smith et al

Filing 15

ORDER OF DISMISSAL OF ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 9 Motion to Dismiss filed by Keith Smith, 11 Report and Recommendation. ORDERED that the Defendants' Motion to Dismiss (docket entry #9) is hereb y GRANTED. It is further ORDERED that Plaintiff's complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). It is further ORDERED that any and all motions not yet addressed are hereby DENIED. Signed by Judge Richard A. Schell on 3/30/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SAMUEL WILSON, JR., #170866

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VS.

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KEITH SMITH, ET AL.

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CIVIL ACTION NO. 4:11cv82

ORDER OF DISMISSAL
Plaintiff Samuel Wilson, Jr., an inmate confined in the Denton County Jail, proceeding pro
se and 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 Don D. Bush, who issued
a Report and Recommendation that the Motion to Dismiss (docket entry #9) filed by the Defendants
should be granted and that the claims Plaintiff filed pursuant to § 1983 fail to state a claim upon
which relief may be granted and therefore should be dismissed as frivolous pursuant to 28 U.S.C.
§ 1915A(b)(1). Plaintiff has filed objections (docket entry #14) but has not addressed the actual
basis for the Magistrate Judge’s recommendation. Instead, he merely states that he has “sound
evidence to support [his] allegations” and that he has a DVD with certain information on it. He also
states that he has filed a motion for appointment of counsel and seeks a 30-day extension of time in
connection with that motion; however, no such motion appears on the docket of this case.
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 Plaintiff’s
objections are without merit. Accordingly, the Court adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is therefore
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ORDERED that the Defendants’ Motion to Dismiss (docket entry #9) is hereby GRANTED.
It is further
ORDERED that Plaintiff’s complaint is DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915A(b)(1). It is further
ORDERED that any and all motions not yet addressed are hereby DENIED.

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SIGNED this the 30th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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