Sterns v. Catoe et al

Filing 30

MEMORANDUM ORDER overruling objections and adopting 27 Report and Recommendation. The lawsuit 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. A final judgment will be entered in this case in accordance with the magistrate judges recommendations. All motions not previously ruled upon are denied. Signed by District Judge Thad Heartfield on 6/28/19. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROBERT J. STERNS

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v.

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JEFF CATOE, ET AL.

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CIVIL ACTION NO. 6:17cv685

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The Plaintiff Robert Sterns, a 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 deprivations of his constitutional rights. This Court referred the
matter to the Honorable K. Nicole Mitchell, United States Magistrate Judge, for consideration
pursuant to applicable laws and orders of this court.
Plaintiff complained of the conditions of confinement at the Coffield Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division. The magistrate judge ordered
prison officials to furnish a report consisting of Plaintiff’s medical, grievance, and classification
records, along with any other records, incident reports, or investigations concerning his claims. See
Martinez v. Aaron, 570 F.2d 317, 319 (10th Cir. 1978); Parker v. Carpenter, 978 F.2d 190, 191-92
n.2 (5th Cir. 1992). Sterns was provided with a copy of the Martinez Report and filed a response.
After review of the pleadings and the report in light of 28 U.S.C. §1915A and the pleading
standards set out by the Supreme Court in Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), the
magistrate judge recommended that the lawsuit be dismissed as frivolous and for failure to state a
claim upon which relief may be granted. The court has received and considered the Report and
Recommendation of the United States Magistrate Judge, along with the record, pleadings and all
available evidence.

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Plaintiff filed objections essentially reiterating the allegations of his complaint. The court
conducted a de novo review of the objections in relation to the pleadings and the applicable law. See
FED. R. CIV. P. 72(b). After careful consideration, the court concludes Plaintiff’s objections lack
merit.
ORDER
Accordingly, Plaintiff’s objections are OVERRULED. The findings of fact and conclusions
of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. The
lawsuit 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. A final judgment will
be entered in this case in accordance with the magistrate judge’s recommendations. All motions not
previously ruled upon are hereby DENIED.
SIGNED this the 28 day of June, 2019.

____________________________
Thad Heartfield
United States District Judge

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