Coleman v. Unknown Defendants

Filing 18

ORDER OF DISMISSAL: re: adopting 16 Report and Recommendation. It is therefore ordered that the Civil Rights Complaint is dismissed without prejudice for failure to state a claim on which relief can be granted and with prejudice as frivolous. Let Judgment be entered accordingly. (Ordered by Judge Mary Lou Robinson on 12/18/2012) (egb)

IN THE UNITED STATES DISTRICT COURT
FOR TFIE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION

DESMTIND LAMAR COLEMAN, PRO SE,
TDCJ-CID No.1264623,
Previous TDCJ-CID No. 1087195,

Plaintiff,
2:12-CY-0223

V.

NEBIYU TESFAW, CO III,
LISA SWINT, Lt.,
CHAD PERRY, Sgt.,
MICHAEL PARMER, Warden, and
DUSTIN ANDERSON, Sgt.,
Defendants.

ORDER OF DISMISSAL
Plaintiff DESMUND LAMAR COLEMAN, acting pro se and while

a prisoner

incarcerated in the Texas Department of Criminal Justice, Correctional Institutions Division, has

filed suit pursuant to Title 42,United States Code, section 1983 complaining against the abovereferenced defendants and has been granted permission to proceed pursuant to Title 28, United
States Code, section 1915.

On November 26,2012, a Report and Recommendation was issued by the United States

Magistrate Judge recommending dismissal of the instant cause with prejudice as frivolous and

without prejudice for failure to state a claim on which relief can be granted.
The period for response has expired, and no objections have been filed by plaintiff.

Plaintiff did submit

a

November 30,20I2letter complaining of new acts and omissions by new

guards and restating his property complaint with a request for a transfer to the Hodge Unit.

Plaintiff s letter did not reference or in any way contest the reasonins and conclusions in the
Report and Recommendation.
The Court has made an independent examination of the records in this case and has
examined the Magistrate Judge's Report and Recommendation. The Court is of the opinion that
the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by
the United States District Court.

This Court, therefore, does hereby ADOPT the Report and Recommendation of the
United States Magistrate Judge in this case,

IT IS THEREFORE ORDERED that the Civil Rights Complaint by plaintiff DESMUND

LAMAR COLEMAN is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A
CLAIM ON WHICH RELIEF CAN BE GRANTED AND WITH PREJUDICE AS FRIVOLOUS.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Any pending motions are DENIED.
The Clerk shall send a copy of this Order to plaintiff and to any attorney of record. The

Clerk shall also mail copies of this order to TDCJ-Office of the General Counsel, P.O. Box
13084, Austin,

TX

78711; and to the Pro Se Clerk at the U.S. District Court for the Eastern

District of Texas, Tyler Division.

It is So

ORDERED.

Signed this

the

/ (\ L/

day of December, 2012.