Garey v. Jones et al, No. 1:2021cv00547 - Document 40 (E.D. Tex. 2022)
Court Description: MEMORANDUM OPINION and ORDER overruling plaintiff's objections. Plaintiff remains responsible for service of the defendants. Signed by District Judge Michael J. Truncale on 5/9/22. (kcv, )
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Garey v. Jones et al Doc. 40 Case 1:21-cv-00547-MJT-ZJH Document 40 Filed 05/09/22 Page 1 of 2 PageID #: 799 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDDIE MILTON GAREY, JR. § VS. § LEONARD JONES, ET AL. § CIVIL ACTION NO. 1:21cv547 MEMORANDUM OPINION AND ORDER Plaintiff Eddie Milton Garey, Jr., an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brings this lawsuit against prison officials. The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. Plaintiff has filed two sets of objections to orders of the magistrate judge pertaining to service and plaintiff’s use of photocopies of postage-paid Business Reply Mail envelopes intended for official court business. Analysis In accordance with 28 U.S.C. § 636(b)(1)(A), a judge of the court may reconsider any pretrial matter referred to a Magistrate Judge under subparagraph (A) where it has been shown that the Magistrate Judge’s order is clearly erroneous or contrary to law. Having examined the allegations in plaintiff’s objections and the file in this action, the undersigned finds no support for plaintiff’s objections. The orders of the Magistrate Judge are neither clearly erroneous nor contrary to law. Pursuant to FED. R. CIV. P. 4(c)(3), only those entitled to proceed as a pauper are entitled to service by the United States Marshal’s Service. As noted in the Magistrate Judge’s order, plaintiff paid the full filing fee in this action; thus, he is not entitled to service by the Marshal’s Service. Further, plaintiff’s status as a “party and a former tax payer” does not entitle him to copy postage-paid official business envelopes to use for his personal benefit. Dockets.Justia.com Case 1:21-cv-00547-MJT-ZJH Document 40 Filed 05/09/22 Page 2 of 2 PageID #: 800 Accordingly, after due consideration, it is the opinion of the court that plaintiff’s objections should be overruled. Plaintiff remains responsible for service of the defendants. It is therefore ORDERED that plaintiff’s objections are OVERRULED. SIGNED this 9th day of May, 2022. ____________________________ Michael J. Truncale United States District Judge
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