West v. The Texas Department of Criminal Justice et al

Filing 6

MEMORANDUM OPINION AND ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 1/3/19. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
LIONELL WEST

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VS.

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THE TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, et al.,

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CIVIL ACTION NO. 9:18-CV-90

MEMORANDUM OPINION AND ORDER
OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION
Plaintiff, Lionell West, a prisoner currently confined at the Polunsky Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983 against defendants The Texas Department of Criminal
Justice, Transportation Officers FNU Brown, John Doe 1, and John Doe 2.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends this action be dismissed without prejudice as repetitious.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Plaintiff filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
P. 72(b).
As outlined by the Magistrate Judge, a review of the present complain reveals it is identical
in substance and form to the complaint also filed by plaintiff in Civil Action No. 9:17cv158 (E.D.
Tex.). The latter case is currently pending before this Court.

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 accordance with the recommendations of the Magistrate Judge.
So ORDERED and SIGNED January 3, 2019.
___________________
Ron Clark
Senior District Judge

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