Fountain v. Thaler

Filing 37

ORDER ADOPTING 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 05/30/14. (mll, )

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

FREDDIE LEE FOUNTAIN, #1640115

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VS.

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RICK THALER

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CIVIL ACTION NO. 6:14cv145

ORDER OF DISMISSAL
Plaintiff Freddie Lee Fountain, an inmate confined in the Texas prison system, proceeding
pro se and in forma pauperis, filed the above-styled and numbered civil rights lawsuit in his own
behalf and in behalf of his daughter, Robin J. Fountain. The lawsuit concerns postage provided to
indigent inmates. The cause of action was referred to United States Magistrate Judge K. Nicole
Mitchell. After conducting an evidentiary hearing, in accordance with Spears v. McCotter, 766 F.2d
179 (5th Cir. 1985), Magistrate Judge Mitchell issued a Report and Recommendation (Docket Entry
#32) concluding that the case should be dismissed. The Plaintiff has filed objections (Docket Entry
#34).
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. 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 30th day of May, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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