Gardner v. Hudson et al

Filing 9

ORDER OF DISMISSAL; ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). adopting 6 Report and Recommendations. Signed by Judge David Folsom on 2/2/2010. (mrm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION JAMES L. GARDNER, #1193858 VS. DAVID HUDSON, ET AL. § § § CIVIL ACTION NO. 5:09cv189 ORDER OF DISMISSAL Plaintiff James L. Gardner, a Texas prison inmate previously confined at the Telford Unit of the Texas prison system, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation that the complaint should be dismissed. The Plaintiff has filed objections. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Plaintiff to the Reports, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of the Plaintiff are without merit. The present lawsuit concerns the loss or destruction of property. The lawsuit is the type of property claim barred by the Parratt1 /Hudson2 doctrine. The Plaintiff's remedies are in state court, as opposed to federal court. Therefore the findings and conclusions of the Magistrate Judge are adopted as the findings and conclusions of the Court. It is accordingly 1 Parratt v. Taylor, 451 U.S. 527 (1981). Hudson v. Palmer, 468 U.S. 533 (1984). 2 1 . ORDERED that the civil rights complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). It is further ORDERED that all motions not previously ruled on are DENIED. SIGNED this 2nd day of February, 2010. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE 2

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