Forbes v. Zook et al, No. 3:2022cv00687 - Document 13 (N.D. Tex. 2022)
Court Description: Order Accepting 5 , 9 Findings and Recommendations re: 3 Complaint filed by Michael Ray Forbes. (Ordered by Judge Ada Brown on 12/28/2022) (ndt)
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Forbes v. Zook et al Doc. 13 Case 3:22-cv-00687-E-BH Document 13 Filed 12/28/22 Page 1 of 2 PageID 99 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL RAY FORBES, BOP Register No. 13302-078, Plaintiff, v. R ZOOK et al., Defendants. § § § § § § § § § § § Civil Action No. 3:22-CV-00687-E-BH ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court conducted an independent review of the (i) pleadings; (ii) files and records in this case; (iii) Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated April 6, 2022—(Doc. 5); (iv) Supplemental Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated April 22, 2022—(Doc. 9); and (v) Plaintiff’s corresponding objections and “amended complaint”—(Docs. 6, 7, 10). 1 The Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. The Court has found no error in either (i) the Findings, Conclusions, and 1 Plaintiff filed a second complaint on April 21, 2022, which (i) the Clerk marked on the docket as an “amended complaint” and (ii) did not specifically name institutional Defendants. (Doc. 7). This “amended complaint” referred to and incorporated Plaintiff’s original complaint—(Doc. 3)—as the “Tort Claim Complaint.” As explained in his objections—(Docs. 6 and 10)—it is unclear whether Plaintiff sought to abandon his claims asserted against the institutional Defendants. (See Doc 7.) Nevertheless, the United States Magistrate Judge’s Findings, Conclusions, and Recommendation and corresponding Supplement resolve all of Plaintiff’s claims against all Defendants. (See Docs. 5, 9). ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Page 1 of 2 Dockets.Justia.com Case 3:22-cv-00687-E-BH Document 13 Filed 12/28/22 Page 2 of 2 PageID 100 Recommendation of the United States Magistrate Judge or (ii) the Supplemental Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court finds and concludes that both the Findings and Recommendation of the Magistrate Judge and Supplemental Findings, Conclusions, and Recommendation of the Magistrate Judge are correct, and they are collectively accepted as the Findings, Conclusions, and Recommendation of the Court. IT IS, THEREFORE, ORDERED that (i) the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and (ii) the Supplemental Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. SO ORDERED. 28th day of December, 2022. ___________________________________ ADA BROWN UNITED STATES DISTRICT JUDGE ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Page 2 of 2
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