Williams v. The Department of Public Safety

Filing 14

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING 3 REPORT AND RECOMMENDATIONS. Signed by Judge Michael H. Schneider on 3/3/16. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
JIMMY WAYNE WILLIAMS

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VS.

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DEPARTMENT OF PUBLIC SAFETY

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CIVIL ACTION NO. 9:13cv251

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Jimmy Wayne Williams, proceeding pro se, brought the above-styled lawsuit against
the Department of Public Safety.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the action be dismissed for failing to state a claim upon which
relief may be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed
objections to the Magistrate Judge’s Report and Recommendation. This requires 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 are without merit. For
the reasons set forth in the Report, plaintiff’s complaint fails to state a claim upon which relief may
be granted. After he received the report, plaintiff amended his complaint to include claims for
equitable and injunctive relief. However, lawsuits against the States and their agencies are barred
regardless of the relief sought. Moore v. La. Bd. Of Elementary & Secondary Educ., 743 F.3d 959,

963 (5th Cir. 2014). Accordingly, plaintiff’s complaint against the Department of Public Safety fails
.

to state a claim upon which relief may be granted.
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. A final judgment will be entered in this case in accordance with the Magistrate
Judge’s recommendations.
SIGNED this 3rd day of March, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE