Martinez v. Offord
ORDER OVERRULING OBJECTIONS AND ADOPTING 13 REPORT AND RECOMMENDATIONS. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendation. Signed by Judge Ron Clark on 2/18/17. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MALACHI SAMUEL MARTINEZ
CIVIL ACTION NO. 9:16-CV-185
ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Malachi Samuel Martinez, a prisoner previously confined at the Eastham Unit of
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 William Offord.
The court ordered that this matter be referred 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 dismissing the action pursuant to 28 U.S.C. § 1915(e)
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 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. Plaintiff’s claims that he was deprived of his personal property and
denied access to the courts do not state claims under the First, Fourteenth, or Eighth Amendments.
Accordingly, plaintiff’s objections (document no. 15) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 13) is ADOPTED. A final judgment will be entered in this case in accordance
with the Magistrate Judge’s recommendation.
So Ordered and Signed
Feb 18, 2017
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