Carter v. Livingston et al

Filing 97

ORDER ADOPTING 67 REPORT AND RECOMMENDATIONS. A Partial Judgment will be entered in accordance with the recommendations of the Magistrate Judge. Signed by District Judge Ron Clark on 9/26/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
FREDERICK CARTER

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VS.

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BRAD LIVINGSTON, et al.,

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CIVIL ACTION NO. 9:17-CV-40

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Frederick Carter, an inmate formerly confined at the Polunsky Unit 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 defendants Todd Harris
and Brad Livingston.
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 claims against defendants Livingston and Harris
should be dismissed for lack of subject matter jurisdiction and for failure to state a claim.
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 has been filed.
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 Partial Judgment will be entered in accordance
with the recommendations of the Magistrate Judge.

So Ordered and Signed
Sep 26, 2019