Lindsay v. Trinity Mother Frances

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This cause of action is DISMISSED WITH PREJUDICE. Signed by Judge Leonard Davis on 08/25/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
COURTLAND DEWAYNE LINDSAY,
Plaintiff,
v.
TRINITY MOTHER FRANCES
HOSPITAL EMERGENCY CARE
CENTER,
Defendant.

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§ Civil Action No. 6:13-cv-793-LED-JDL
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ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was assigned to United States Magistrate
Judge John D. Love pursuant to General Order 14-10 and referred pursuant to 28 U.S.C. § 636.
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration (Doc.
No. 9). The report recommends that the complaint be dismissed with prejudice for lack of subject
matter jurisdiction and for failure to state a claim upon which relief may be granted pursuant to FED.
R. CIV. P. 12(b)(1) and (6) and 28 U.S.C. § 1915(e)(2). The report further recommends that any

further filings that fail to state an appropriate basis for federal jurisdiction, or that fail to state a claim
upon which relief may be granted, may result in the denial of his motion to proceed in forma
pauperis and the imposition of a monetary sanction.

Plaintiff filed objections (Doc. No. 10) that fail to address the lack of subject matter
jurisdiction or the failure to state a claim upon which relief may be granted.

The Court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the
findings and conclusions of this Court.

Accordingly, it is ORDERED that the cause of action be DISMISSED WITH
PREJUDICE.
So ORDERED and SIGNED this 25th day of August, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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