Johnson v. Boland et al

Filing 10

ORDER OF DISMISSAL Adopting 8 Report and Recommendation re: 3 Complaint, filed by Elroy Johnson. Ordered that the Civil Rights Complaint by Pltf is dismissed with prejudice as frivolous and for failure to state a claim on which relief can be granted. (Ordered by Judge Mary Lou Robinson on 6/21/2012) (plh)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION
ELROY JOHNSON, PRO SE,
TDCJ-CID No.1375276,
Previous TDCJ-CID No. 1085359,
Previous TDCJ-CID No. 1245097,

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Plaintiff,

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v.

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of

GREGORY C. BOLAND, Captain
Correctional Officer; GREGORY S. DAVID,
Assistant Warden;
WILLIAM C. GING, Counsel Substitute

and

2:12-CV-0113

I,

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Defendants.

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ORDER OF DISMISSAL
Plaintiff ELROY JOHNSON, while

a prisoner confined

in the Texas Department of

Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42,United States
Code, section 1983 complaining against the above-named defendants and has been granted
permission to proceed informa pauperis.
On May 31,2012, a Report and Recommendation was issued by the United States
Magistrate Judge analyzingplaintiff s claims and recommending the instant cause be dismissed

with prejudice as frivolous and for failure to state a claim on which relief can be granted.
Plaintiff filed his Objections on June 12,2012.
The Court has made an independent examination of the records in this case and has
examined the Magistrate Judge's Report and Recommendation, as well as the Objections filed by
the plaintiff.

The Court is of the opinion that the objections of the plaintiff should be OVERRULED
and the Report and Recommendation of the United States Magistrate Judge should be

ADOPTED by the United States District Court.
This Court, therefore, does OVERRULE plaintiff s objections, and does hereby ADOPT
the Report and Recommendation of the United States Magistrate Judge.

IT IS THEREFORE ORDERED that the Civil Rights Complaint by ELROY JOHNSON
is DISMISSED WITH PREJUDICE AS FRIVOLOUS AND FOR FAILURE TO STATE A

CLAIM ON WHICH RELIEF CAN BE GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk shall send a copy of this order to plaintiff and to any attorney of record.
The Clerk shall also provide a copy of this order by regular mail, facsimile transmission,
or e-mail to: (1) the TDCJ-Offrce of the General Counsel, P.O. Box 13084, Austin, Texas,
78711, Fax Number (512) 9362159; (2) the Inmate Trust Fund, P.O. Box 629, Huntsville, Texas

77342-0629, fax: [phone]; and (3) the District Clerk for the Eastern District of Texas,
Tyler

Division,2ll

West Ferguson, Tyler, Texas, 75702, Attention: Manager of the

Three-Strikes List.

IT IS SO ORDERED.
Signed this

the

;

day of June

,2012.

MARY LOU
United States

istrict Judge