Summers v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al, No. 1:2009cv00010 - Document 11 (E.D. Tex. 2010)

Court Description: MEMORANDUM ORDER OVERRULING PLAINTIFFS OBJECTIONS AND ADOPTING 3 REPORT AND RECOMMENDATIONS. A final judgment will be entered in this case in accordance with the magistrate judges recommendation. Signed by Judge Marcia A. Crone on 3/24/10. (pkb, )

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Summers v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al UNITED STATES DISTRICT COURT ANTHONY LEON SUMMERS, Plaintiff, versus NATHANIEL QUARTERMAN, et al., Defendants. Doc. 11 EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:09-CV-10 MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Anthony Leon Summers, an inmate confined at the Stiles Unit, proceeding pro se, brought this lawsuit against Nathaniel Quarterman, U.T.M.B. Medical Staff, Steven Rich, Jeff Baldwin, Debra M. Harrell, Kent Dickerson, and Gatta Harmon. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation.1 This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED . R. CIV . P. 72(b). After careful consideration, the court concludes Plaintiff’s objections are without merit. For the reasons stated in the Report, Plaintiff is barred from proceeding with this action on an in forma pauperis basis pursuant to 28 U.S.C. § 1915(g). 1 Plaintiff filed a m otion to am end his com plaint follow ing the R eport and Recom m endation of the m agistrate judge. The m otion was granted by the m agistrate judge. Liberally construed, plaintiff’s am ended com plaint is interpreted as objections to the Report. Dockets.Justia.com ORDER Accordingly, Plaintiff’s objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 24th day of March, 2010. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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