Filed: Oct. 16, 2015
Latest Update: Oct. 16, 2015
Summary: MEMORANDUM ADOPTING INITIAL REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER , District Judge . The Plaintiff Jonathan Stephen, 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 Assign
Summary: MEMORANDUM ADOPTING INITIAL REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER , District Judge . The Plaintiff Jonathan Stephen, 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 Assignm..
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MEMORANDUM ADOPTING INITIAL REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
MICHAEL H. SCHNEIDER, District Judge.
The Plaintiff Jonathan Stephen, 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. The named defendants are Officer Chotes and the Anderson County Jail.
The magistrate judge issued a report recommending dismissal of the Anderson County Jail as a party to the lawsuit. See Darby v. Pasadena Police Department, 939 F.2d 311, 313 (5th Cir. 1991). No objections were filed to this report; accordingly, the parties are 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 proposed 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 and the report of the magistrate judge. Upon such review, the Court has determined that the report of the magistrate judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a magistrate judge's report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law"). It is accordingly
ORDERED that the initial report of the magistrate judge (docket no. 10) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the Plaintiff's claim against the Anderson County Jail is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted. It is further
ORDERED that the Anderson County Jail is DISMISSED as a party to this lawsuit. The dismissal of this party shall have no effect upon the Plaintiff's claims against Officer Chotes.
