Robinson v. Stephens et al

Filing 20

MEMORANDUM ORDER adopting 17 Report and Recommendation. This action is dismissed with prejudice for purposes of proceeding in forma pauperis and for failure to state a claim upon which relief may be granted. Any pending motions are denied. Signed by District Judge Ron Clark on 3/7/18. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MARSHAUN LYNN ROBINSON § v. § WILLIAM STEPHENS, ET AL. § CIVIL ACTION NO. 6:16cv456 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Marshaun Robinson, a former prisoner 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. As Defendants, Robinson named former TDCJ-CID Director William Stephens, Warden Jeffrey Richardson, counsel substitute Melanie Black, and an unknown investigating officer. Robinson complained that a disciplinary case he received and grievances which he filed were not properly investigated, a statement ascribed to him during the investigation of the disciplinary case had been forged or falsified, his counsel substitute rendered ineffective assistance, and the conduct of the disciplinary case violated TDCJ-CID rules and regulations. After review of the pleadings, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed as frivolous and for failure to state a claim upon which relief may be granted. A copy of this Report was sent to Robinson 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, 1 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). The Court has reviewed the pleadings in this cause and 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. 17) 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 relief may be granted. It is further ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. So ORDERED and SIGNED this 7 day of March, 2018. ___________________________________ Ron Clark, United States District Judge 2

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