Strain v. MTC East Texas Treatment Facility et al

Filing 10

Order Accepting 9 Findings and Recommendation of the United States Magistrate Judge. Accordingly, the court dismisses with prejudice Plaintiff's claims under section 1983 against Dallas County Jail as frivolous pursuant to 28 U.S.C. § 1915(e)(2), and transfers Plaintiffs claims of improper medical treatment against MTC East Texas Treatment Facility to the Eastern District of Texas, Tyler Division, where Plaintiff is incarcerated. (Ordered by Judge Sam A Lindsay on 4/14/2014) (axm) [Transferred from Texas Northern on 4/16/2014.]

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
VINCENT STRAIN, 1887429,
ID #126087674,
Plaintiff,
v.
MTC EAST TEXAS TREATMENT
FACILITY AND DALLAS COUNTY
JAIL,
Defendants.

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Civil Action No. 3:14-CV-595-L

ORDER
This case was referred to Magistrate Judge Paul D. Stickney, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on March 20,
2014, recommending that (1) Plaintiff’s claims against Dallas County Jail, under 42 U.S.C. § 1983,
be dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2); and (2) Plaintiff’s
claims of improper medical treatment against MTC East Texas Treatment Facility be transferred to
the United States District Court of the Eastern District of Texas, Tyler Division, where Plaintiff is
incarcerated. As of the date of this order, no objections to the Report were received by the court.
After considering the pleadings, file, and record in this case, the court determines that the
findings and conclusions of the magistrate judge are correct and accepts them as those of the court.
Accordingly, the court dismisses with prejudice Plaintiff’s claims under section 1983 against Dallas
County Jail as frivolous pursuant to 28 U.S.C. § 1915(e)(2), and transfers Plaintiff’s claims of
improper medical treatment against MTC East Texas Treatment Facility to the Eastern District of
Texas, Tyler Division, where Plaintiff is incarcerated. Further, the court expressly determines,
Order – Page 1

pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason to delay the entry of
final judgment in this case as to Defendant Dallas County Jail and directs the clerk of the court to
enter this final judgment as to this Defendant.
It is so ordered this 14th day of April, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2