Baca v. Massey et al, No. 9:2008cv00230 - Document 17 (E.D. Tex. 2009)

Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS of the U S Magistrate Judge and entering final judgment that the above styled civil action be and hereby is dismissed with prejudice as frivoloous and for failure to state a claim upon which relief may be granted. Any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 3/16/09. (djh, )

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Baca v. Massey et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION JOHNNY ROBERT BACA #1022483 § v. § WARDEN MASSEY, ET AL. § CIVIL ACTION NO. 9:08cv230 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Plaintiff Johnny Baca, 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. Baca complained of allegedly false information in parole file, which he says caused him to be denied release on parole. After review of the pleadings, the Magistrate Judge issued a Report recommending that the lawsuit be dismissed as frivolous. Baca received a copy of this Report on February 9, 2009, but filed no objections thereto; 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). The Court has reviewed the pleadings in this cause 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 1 Dockets.Justia.com ORDERED that the Report of the Magistrate Judge is 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, and 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. So ORDERED and SIGNED this 16 day of March, 2009. ___________________________________ Ron Clark, United States District Judge 2

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