Jones v. Polk County District Court et al

Filing 8

ORDER overruling objections and accepting the magistrate judge's 6 Report and Recommendation. Signed by District Judge Ron Clark on 10/22/2020. (bjc, )

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Case 9:19-cv-00081-RC-ZJH Document 8 Filed 10/22/20 Page 1 of 2 PageID #: 32 ** NOT FOR PRINTED PUBLICATION ** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ELVIS WAYNE JONES § VS. § CIVIL ACTION NO. 9:19cv81 POLK COUNTY DISTRICT COURT, ET AL. § ORDER OVERRULING OBJECTIONS AND ACCEPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Elvis Wayne Jones, an inmate at the Polunsky Unit, proceeding pro se, brought the above-styled lawsuit pursuant to 42 U.S.C. § 1983. 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 this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After consideration of plaintiff’s mostly undecipherable objections, the court concludes the objections are factually insufficient and without merit. For the reasons set forth in the Report, plaintiff’s complaint should be dismissed pursuant to 28 U.S.C. § 1915(g). Case 9:19-cv-00081-RC-ZJH Document 8 Filed 10/22/20 Page 2 of 2 PageID #: 33 ORDER 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 ACCEPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. So ORDERED and SIGNED, Oct 22, 2020. ____________________ Ron Clark Senior Judge 2

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