Tripp v. Livingston et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations of the United States Magistrate Judge. ORDERED that the civil action is DISMISSED WITH PREJUDICE for purposes of proceeding in forma pauperis as frivolous and for failure to state a claim upon which relief may be granted. Signed by Judge Michael H. Schneider on 6/16/2016. (gsg)

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

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v.

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BRAD LIVINGSTON, ET AL.

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CIVIL ACTION NO. 6:14cv742

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Plaintiff Leroy Tripp, an inmate of the Texas Department of Criminal Justice,
Correctional Institutions Division proceeding pro se, filed this civil rights lawsuit under 42 U.S.C.
§1983 complaining of alleged violations of his constitutional rights. 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.
Tripp complained of an incident in which a table in the prison dining tall broke loose from
the bottom because of rust and decay, causing him to fall backwards onto the floor with the table on
top of him. He argued that the defendants had a legal responsibility to maintain the prison facilities
in good operating order and safe repair in order to prevent unsafe or hazardous conditions.
After review of the pleadings, the magistrate judge issued a report recommending that the
lawsuit be dismissed. A copy of this report was sent to Tripp at his last known address, return
receipt requested, but no objections have been received; accordingly, he is barred from de novo
review by the district judge of those findings, conclusions, and recommendations and, except upon
grounds of plain error, from appellate review of the unobjected-to factual findings and legal
conclusions accepted and adopted by the district court. Douglass v. United Services Automobile
Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
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The Court has reviewed the pleadings, records, and testimony in this cause as well as the
report of the magistrate judge. Upon such review, the Court has determined that the report of the
magistrate judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert.
denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a magistrate judge’s report are
filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”) It is
accordingly
ORDERED that the report of the magistrate judge (docket no. 19) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED WITH PREJUDICE for
purposes of proceeding in forma pauperis as frivolous and for failure to state a claim upon which
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relief may be granted. It is further
ORDERED that to the extent Tripp may have claims arising under state law, such claims
are DISMISSED WITHOUT PREJUDICE to his right to pursue such claims in state court.
Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
SIGNED this 16th day of June, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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