-JKG Davis v. The Chairman of the Texas Board of Criminal Justice et al, No. 6:2010cv00646 - Document 28 (E.D. Tex. 2011)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Report and Recommendations, and ENTERING FINAL JUDGMENT. ORDERED that the civil action be and hereby is DISMISSED with prejudice as frivolous or for failure to state a claim upon which relief may be granted. Signed by Judge Michael H. Schneider on 6/30/2011. (gsg)

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-JKG Davis v. The Chairman of the Texas Board of Criminal Justice et al Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DREAGLEN DAVIS #1271774 § v. § CHAIRMAN, TEXAS BOARD OF CORRECTIONS, ET AL. § CIVIL ACTION NO. 6:10cv646 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Dreaglen Davis, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. An evidentiary hearing was conducted on May 19, 2011. Following this hearing, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed as frivolous or for failure to state a claim upon which relief may be granted. The Magistrate Judge also recommended that Davis be warned that the continued filing of frivolous lawsuits could lead to the imposition of sanctions. A copy of this Report was sent to Davis at his last known address, return receipt requested, but no objections have been received; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). 1 Dockets.Justia.com The Court has carefully reviewed the pleadings and documents in this case, as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 27) is hereby ADOPTED as the .opinion of the District Court. It is further ORDERED that the above-styled civil action be and hereby is DISMISSED with prejudice as frivolous or for failure to state a claim upon which relief may be granted. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. Finally, it is ORDERED that a copy of this order be sent to the Administrator of the Strikes List for the Eastern District of Texas. SIGNED this 30th day of June, 2011. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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