Bagby v. Karriker III et al

Filing 18

ORDER ADOPTING 13 Report and Recommendations. This civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 06/03/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

KIRK MARTIN BAGBY, #1582340

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VS.

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JERRY R. KARRIKER, III, ET AL.

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CIVIL ACTION NO. 6:13cv327

ORDER OF DISMISSAL
Plaintiff Kirk Martin Bagby, a prisoner confined in the Texas prison system, proceeding pro
se and in forma pauperis, filed this lawsuit pursuant to 42 U.S.C. § 1983. The lawsuit was referred
to United States Magistrate Judge Judith K. Guthrie, who concluded that the lawsuit should be
dismissed because it was duplicitous to Civil Action No. 6:12cv266. 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. He argued in his objections that the Magistrate Judge misconstrued his
claims in Civil Action No. 6:12cv266. The Plaintiff, however, may file one and only one lawsuit about
an incident. He may not file a new lawsuit because he disagrees with how a previous lawsuit was
resolved. His remedy regarding the previous lawsuit was to challenge or appeal the decision in that
case, as opposed to filing a new lawsuit. The objections lack merit. Therefore the Court hereby adopts
the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It
is accordingly

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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 hereby DENIED.

So ORDERED and SIGNED this 3rd day of June, 2013.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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