Perez v. Hanson et al

Filing 9

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING 4 REPORT AND RECOMMENDATIONS. Signed by District Judge Marcia A. Crone on 1/18/23. (ljw, )

Case 9:22-cv-00050-MAC-ZJH Document 9 Filed 01/18/23 Page 1 of 2 PageID #: 32

UNITED STATES DISTRICT COURT

ROBERTO PEREZ,
Plaintiff,
versus

JANICE HANSON, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 9:22-CV-50

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Roberto Perez, an inmate confined at the Gib Lewis 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 Janice Hanson and Keath
Dulenon.
The court has received and considered the Report and Recommendation of the magistrate
judge filed pursuant to such order, along with the record, and pleadings (doc. # 4). Plaintiff filed
objections to the Report and Recommendation (doc. # 7). This requires a de novo review of the
objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
The magistrate judge recommended the case be dismissed pursuant to 28 U.S.C. § 1915(g).
While Plaintiff complains of a lack of medical care and/or prompt medical care in his Objections,
Plaintiff does not allege he is under imminent danger of death or serious bodily injury. As such,
Plaintiff is barred from proceeding in forma pauperis and this case should be dismissed.

Case 9:22-cv-00050-MAC-ZJH Document 9 Filed 01/18/23 Page 2 of 2 PageID #: 33

ORDER
Accordingly, plaintiff’s Objections are OVERRULED.

The findings of fact and

conclusions of law of the magistrate judge are correct, and the reports of the magistrate judge are
ADOPTED. A Final Judgment will be entered in accordance with the recommendation of the
magistrate judge.
SIGNED at Beaumont, Texas, this 18th day of January, 2023.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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