Jefferson v. Wood et al

Filing 9

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's objections are overruled and the Report of the Magistrate Judge 5 is ADOPTED as the opinion of the District Court. The above-styled civil action is DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Leonard Davis on 12/15/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
L.B. JEFFERSON

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v.

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WARDEN WOOD, ET AL.

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CIVIL ACTION NO. 6:14cv616

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff L.B. Jefferson, an inmate confined in the Skyview Unit, a psychiatric facility
of the Texas Department of Criminal Justice, Correctional Institutions Division, filed this civil rights
lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights in the
Texas Department of Criminal Justice, Correctional Institutions Division. 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.
The Magistrate Judge ordered Jefferson to pay the filing fee or to submit an application for
leave to proceed in forma pauperis accompanied by a certified inmate trust account data sheet.
Jefferson was also directed to file an amended complaint setting out a short and plain statement of
his claim, as required by Fed. R. Civ. P. 8. When Jefferson did not comply with these orders, the
Magistrate Judge issued a Report recommending that the lawsuit be dismissed for failure to
prosecute or to obey an order of the Court.
On November 4, 2014, Jefferson sent a letter to the Court which states that on October 8,
2014, he requested an out of court settlement providing that various persons including a state district
judge would be arrested and receive sentences of life in prison without parole and he, Jefferson,
would receive “278 trillion checks a week at 278 trillion dollars” and “278 million checks a month

at 278 million dollars.” He also says that he is supposed to receive 998 million dollars a month from
the City of Alvin. Jefferson signs the letter “Chief Justice and Executive Chief Officer of the Bureau
of Prisons Board of Pardons and Parole.” To the extent that Jefferson’s letter may be construed as
objections to the Magistrate Judge’s Report, these are patently without merit.
The Court has conducted a careful de novo review of the pleadings in this cause, the Report
of the Magistrate Judge, and Jefferson’s letter of November 4, 2014, construed as objections to this
Report. Upon such de novo review, the Court has concluded that the Report of the Magistrate Judge
is correct and Jefferson’s objections are without merit. It is accordingly
ORDERED that the Plaintiff’s objections are overruled and the Report of the Magistrate
Judge (docket no. 5) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled civil action be and hereby is DISMISSED without prejudice
for failure to prosecute or to obey an order of the Court. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So ORDERED and SIGNED this 15th day of December, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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