Brown v. U S Government et al
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 8 is hereby ADOPTED as the opinion of the District Court. This civil action is DISMISSED with prejudice as frivolous and for failure to state a claim upon which relief may be granted. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 08/13/13. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARC ANTHONY BROWN #679706
U.S. GOVERNMENT, ET AL.
CIVIL ACTION NO. 6:13cv382
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Marc Anthony Brown, proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered
that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and
(3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United
States Magistrate Judges.
In his complaint, Brown declares himself “King of the United States” as well as ruler of a
nation of people called the “Folks Nation,” consisting of some 80 million people world-wide. He
asks for a preliminary and permanent injunction directing the U.S. Government and the Treasury of
the United States to “honor and respect the laws which they govern and deliver the rightful claim and
in to full monetary payment to which is awarded,” as well as for costs of court.
Upon review of the pleadings, the Magistrate Judge issued a Report recommending that the
lawsuit be dismissed as factually and legally frivolous and for failure to state a claim upon which
relief may be granted. A copy of this Report was received by Brown on July 17, 2013, but no
objections have been filed; accordingly, he is barred from de novo review by the district judge of
those findings, conclusions, and recommendations and, except upon grounds of plain error, from
appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted
by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 8) is hereby ADOPTED as
the opinion of the District Court. It is further
ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice
as frivolous and for failure to state a claim upon which relief may be granted. 28 U.S.C. §1915A(b).
It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED. Finally, it is
ORDERED that the Clerk shall send a copy of this order to the Administrator of the Strikes
List for the Eastern District of Texas.
So ORDERED and SIGNED this 13th day of August, 2013.
UNITED STATES DISTRICT JUDGE
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