Carpenter v. 420th District Court et al
Filing
9
ORDER OVERRULING OBJECTIONS AND ADOPTING 4 REPORT AND RECOMMENDATIONS. The claims against defendants Lane, Agnew and Watts are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Keith F. Giblin on 6/26/17. (ljw, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
JACKIE LEE CARPENTER
§
VS.
§
CHRISTINE LANE, ET AL.
§
CIVIL ACTION NO. 9:16cv6
ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Jackie Lee Carpenter, proceeding pro se, filed the above-styled civil rights lawsuit against
Christine Lane, William Agnew, Jr., Tory Mach and Dean Watts.
The court previously referred this matter to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable
orders of this Court. The Magistrate Judge has submitted a Report and Recommendation of United
States Magistrate Judge recommending that the claims against defendants Lane, Agnew and Watts
be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report and
Recommendation.
The court has conducted a de novo review of the objections. After careful consideration, the
court is of the opinion the objections are without merit. The Magistrate Judge correctly concluded
defendant Lane is entitled to absolute prosecutorial immunity. Moreover, defendants Agnew and
Watts, as criminal defense attorneys, did not act under color of state law. As a result, the Magistrate
Judge correctly recommended that the claims against defendants Lane, Agnew and Watts be
dismissed.
ORDER
Accordingly, petitioner’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 as the opinion of the court. The claims against defendants Lane, Agnew and Watts are
DISMISSED WITH PREJUDICE.
SIGNED this the 26th day of June, 2017.
____________________________________
KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE
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