Lind v. Lamar County Sheriff Office et al

Filing 18

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 16 Report and Recommendations. Signed by District Judge Sean D. Jordan on 2/3/2024. (dlw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOHNATHON CHAD LIND, #44709
VS.
LAMAR COUNTY SHERIFF’S
OFFICE, ET AL.

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CIVIL CASE NO. 4:22-CV-490

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge in this action (the “Report”) (Dkt. #16), this matter having
been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
In the Report, the Magistrate Judge recommends that Plaintiff’s lawsuit be
dismissed. Specifically, the Magistrate Judge recommends: (1) the claims against
Defendants Lamar County Jail and the Lamar County Sheriff’s Office be dismissed
with prejudice as frivolous and for failing to state a claim; (2) Plaintiff’s claims for
illegal arrest, entrapment, wrongful imprisonment, illegal incarceration, and double
jeopardy be dismissed with prejudice to them being asserted again until the Heck
conditions are met; (3) any claims sounding in habeas corpus be dismissed without
prejudice to Plaintiff’s right to challenge his sentences through any lawful means,
including but not limited to state or federal habeas corpus proceedings; and (4) the
dismissal count as a strike pursuant to 28 U.S.C. § 1915(g) based on the
recommendation that some claims be dismissed as frivolous for failing to state a claim
upon which relief may be granted.

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Having received the Report of the United States Magistrate Judge, and no
timely objections being filed, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s
report as the findings and conclusions of the court.
IT IS ORDERED that Plaintiff’s lawsuit is DISMISSED; this dismissal
counts as a strike pursuant to 28 U.S.C. § 1915(g); and the Clerk of Court is directed
to CLOSE this civil action.
So ORDERED and SIGNED this 3rd day of February, 2024.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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