Lindsay v. Smith County Sheriff's Department

Filing 14

ORDER ADOPTING 11 Report and Recommendations. The complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 12/05/12. cc:pltf 12-05-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION COURTLAND DEWAYNE LINDSAY § v. § CIVIL ACTION NO. 6:12CV559 SMITH COUNTY SHERIFF’S DEPT., et al. § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this case has been presented for consideration. The Report and Recommendation recommends that the complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. Plaintiff filed written objections to the Report and Recommendation on November 30, 2012. Having made a de novo review of the written objections filed by Plaintiff, the Court finds that the findings and conclusions of the Magistrate Judge are correct and the objections are without merit. The Court, therefore, adopts the findings and conclusions of the Magistrate Judge as those of the Court. In light of the foregoing, it is Page 1 of 2 . ORDERED that the complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. It is further ORDERED that any motion not previously ruled on is DENIED. SIGNED this 19th day of December, 2011. So ORDERED and SIGNED this 5th day of December, 2012. Page 2 of 2

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