Marbles v. Haynes et al

Filing 17

ORDER adopting the magistrate judge's 16 Report and Recommendation. Signed by Judge Ron Clark on 7/21/2017. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ALFRED C. MARBLES § VS. § TOMMIE D. HAYNES, et al., § CIVIL ACTION NO. 9:14-CV-80 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Alfred C. Marbles, an inmate formerly confined at the Gib Lewis Unit1, with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the following defendants: Warden, Tommie D. Haynes, Assistant Warden, Frank V. Helm, Assistant Warden, Stephen D. Bryant, Captain, Kris C. Collins, Captain, Patrick D. Coleman, Sergeant, Trey A. Cheneyworth, Unit Grievance Investigator, Christin L. Boykin, Unit Grievance Coordinator, D. Hurly, Correctional Officer V, Doris L. Trahan, and Correctional Officer V, Ladonna WestbrookHaynes. 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 plaintiff’s civil rights action filed pursuant to 42 U.S.C. § 1983 be dismissed for failure to state a claim and as frivolous. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge have been filed to date. 1 Plaintiff notified the court of an address change on December 14, 2016. It would appear plaintiff was released from prison as the address provided appears to be a residential address (docket entry no. 14). ORDER Accordingly, 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 accordance with the Magistrate Judge’s recommendations. So ORDERED and SIGNED this 21 day of July, 2017. ___________________________________ Ron Clark, United States District Judge 2

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