Stotler v. Johnson County Corrections Center et al

Filing 13

Order accepting the 9 findings and conclusions of the magistrate judge. The court overrules Plaintiff's 11 objection to the Report, and dismisses with prejudice this action. (Ordered by Judge Sam A Lindsay on 5/31/2017) (rekc)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CODY A. STOTLER, #126091918, Plaintiff, v. JOHNSON COUNTY CORRECTIONS CENTER, et. al., Defendants. § § § § § § § § § Civil Action No. 3:16-CV-2858-L ORDER This pro se action was referred for judicial screening to United States Magistrate Judge Renee Harris Toliver, who entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”) on March 24, 2017. The Report recommends dismissing this action, as Plaintiff failed to state a cognizable claim upon which relief may be granted. Further, the Report recommends denying leave to amend, as it is not required when a pro se plaintiff cannot, as a matter of law, state a cognizable legal claim. Plaintiff filed an objection to the Report. Plaintiff does not object to a specific finding in the Report. Instead, Plaintiff’s objection only serves to reiterate his Complaint, which sought access to a law library at Johnson County Corrections Center. As stated in the Report, this is not a cognizable claim under 42 U.S.C. § 1983. As Plaintiff does not object to the findings or conclusions in the Report, his objection is overruled. Having reviewed the motion, record, Report, and applicable law, and having conducted a de novo review of that portion of the Report to which Plaintiff objected, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the Order – Page 1 court. Accordingly, the court overrules Plaintiff’s objection to the Report, and dismisses with prejudice this action. It is so ordered this 31st day of May, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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