Turner v. Sokolowski
ORDER ADOPTING 18 Report and Recommendations. The pltf's civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 08/05/11. cc:pltf 8-05-11(mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JULIUS TURNER, #1241225
CIVIL ACTION NO. 6:11cv183
ORDER OF DISMISSAL
Plaintiff Julius Turner, an inmate confined in the Texas prison system, proceeding pro se,
filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983 against the
prosecutor in his criminal case. The complaint was referred to United States Magistrate Judge
Judith K. Guthrie, who issued a Report and Recommendation concluding that the lawsuit 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 Report, 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. It is specifically noted that the Magistrate Judge
correctly explained that the Defendant, acting as a prosecutor, was immune from liability. See
Boyd v. Biggers, 31 F.3d 279, 284 (5th Cir. 1994). The Plaintiff did not address the explanation
nor show that it was erroneous. The objections lack merit. Consequently, 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 the Plaintiff’s civil rights complaint is DISMISSED with prejudice
pursuant to 28 U.S.C. § 1915A(b)(1) & (2). All motions not previously ruled on are DENIED.
SIGNED this 5th day of August, 2011.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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