Jacobs v. Wheeler

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 05/08/14. (mll, )

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

WILLIAM RAY JACOBS, #775076

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VS.

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JIM WHEELER

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CIVIL ACTION NO. 6:13cv973

ORDER OF DISMISSAL
Plaintiff William Ray Jacobs, an inmate confined in the Texas prison system, proceeding pro
se, filed this lawsuit in an effort to obtain DNA testing in conjunction with his state criminal
conviction. The cause of action was referred to United States Magistrate Judge K. Nicole Mitchell,
who issued a Second Report and Recommendation (Docket Entry #15) concluding that the case
should be dismissed. In response, Plaintiff filed a motion for submission of amended complaint and
objections (Docket Entry #22).
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 amended complaint and objections raised by 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 Plaintiff are without merit. The Court is obligated to follow the Fifth Circuit’s
decision issued in Elam v. Lykos, 470 F. App’x 275 (5th Cir. 2012). The facts of this case are
indistinguishable from the facts in Elam; thus the case should likewise be dismissed for failure to
state a claim upon which relief may be granted and as frivolous. Id. at 276. Therefore the Court

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hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions
of the Court. It is accordingly
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.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 8th day of May, 2014.

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