Garcia v. Butcher et al, No. 9:2019cv00010 - Document 11 (E.D. Tex. 2019)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 8/20/19. (ljw, )

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Garcia v. Butcher et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION RUBEN GARCIA § VS. § UNKNOWN BUTCHER, et al., § CIVIL ACTION NO. 9:19-CV-10 MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION Plaintiff, Ruben Garcia, an inmate confined at the Polunsky Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against numerous defendants. 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. The Magistrate Judge recommends dismissing this action 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 order, along with the records, and pleadings. Plaintiff filed objections to the Report and Recommendation of United States Magistrate Judge. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b). Plaintiff’s Objections are hard to decipher. Regardless, a review of plaintiff’s Original Complaint and Objections reveals plaintiff makes no allegation he was in imminent danger of serious physical injury at the time he filed this lawsuit. Plaintiff complains unspecified officers and STG gang members are interfering in the processing of his mail, in getting his medication, and going to the law library, laundry and commissary. 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 accordance with the recommendations of the Magistrate Judge. So Ordered and Signed Aug 20, 2019 2

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