Allen v. Gib Lewis Unit Officials

Filing 61

MEMORANDUM ORDER overruling Plaintiff's objections and adopting the magistrate judge's 53 Report and Recommendation. Signed by Judge Thad Heartfield on 3/9/2015. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
MARK ALLEN

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VS.

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STEPHEN D. BRYANT, ET AL.

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CIVIL ACTION NO. 9:13-CV-132

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Mark Allen, a prisoner confined at the Gib Lewis Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983 against Warden Stephen D. Bryant, Officer Nicholas T.
Roby, Officer Richard J. Todd, Captain Christopher Norsworthy, and Major Patrick Dickens.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The magistrate judge recommends granting the defendants’ motion to dismiss and
dismissing the action with prejudice.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the magistrate
judge’s Report and Recommendation.
The court has 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 the
objections are without 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.
Defendants’ motion to dismiss is GRANTED. A final judgment will be entered in this case in
accordance with the magistrate judge’s recommendation.
SIGNED this the 9 day of March, 2015.

____________________________
Thad Heartfield
United States District Judge

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