McCoy v. Pace et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Third Report and Recommendation 29 is ADOPTED. The civil rights complaint is DISMISSED with prejudice. All motions not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 10/30/15. (mll, )

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

JAMES BELL MCCOY, #1299701

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VS.

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PAM PACE, ET AL.

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CIVIL ACTION NO. 6:15cv553

ORDER OF DISMISSAL
Plaintiff James Bell McCoy, an inmate confined in the Texas prison system, filed the abovestyled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred
to United States Magistrate Judge John D. Love, who issued a Third Report and Recommendation
concluding that the lawsuit should be dismissed as frivolous. Plaintiff has filed objections.
The present lawsuit is Plaintiff’s latest lawsuit against Michael Unit Practice Manager Pam
Pace and Dr. Owen Murray. He complains that Pace has denied or delayed doctor prescribed
medications. He further complains that Dr. Murray has implemented and/or maintained a policy of
allowing the interruption of doctor prescribed medication. The Fifth Circuit dismissed his previous
appeal raising these same claims as frivolous. McCoy v. Murray, 600 F. App’x 250, 251 (5th Cir.
2015). Magistrate Judge Love concluded that the present lawsuit should be dismissed as frivolous
since Plaintiff raises the same claims that were previously unsuccessfully litigated. In his objections,
Plaintiff asserts that his current lawsuit includes new facts, but he is still raising the same claims.
The Third Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having

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made a de novo review of the objections raised by Plaintiff, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections by 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
. ORDERED that the Third Report and Recommendation (docket entry #29) is ADOPTED.
It is further
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 DENIED.
It is SO ORDERED.
SIGNED this 30th day of October, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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