Brown v. Pattison

Full title: DOUGLAS BROWN, PRO SE, TDCJ-CID NO. 346314, Plaintiff, v. LAWRENCE…

Court: United States District Court, N.D. Texas, Amarillo Division

Date published: Aug 5, 2004

2:01-CV-0411 (N.D. Tex. Aug. 5, 2004)

Opinion

2:01-CV-0411.

August 5, 2004

ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND ORDER DISMISSING DEFENDANT PRICE

MARY ROBINSON, District Judge

Plaintiff DOUGLAS BROWN, while a prisoner in the custody of the Texas Department of Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42, United States Code, Section 1983 complaining against various officials at the unit where he is incarcerated and was granted permission to proceed in forma pauperis. On July 1, 2004, the Magistrate Judge issued a Report and Recommendation that the Motion for Summary Judgment filed by the remaining defendants be granted, in part, and denied, in part, and the Civil Rights claims filed by plaintiff DOUGLAS BROWN against defendant KEITH PRICE be dismissed with prejudice as frivolous and with prejudice for purposes of proceeding in an in forma pauperis proceeding pursuant to Title 28, United States Code, section 1915(b). Underwood v. Wilson, 151 F.3d 292 (5th Cir. 1998); 42 U.S.C. § 1997e(a).

No objections to the Report and Recommendation have been filed by any party; and the response period has expired.

The Court has made an independent examination of the records in this case and has examined the Magistrate Judge's Report and Recommendation.

The Court is of the opinion that the Report and Recommendation of the United States Magistrate Judge should be ADOPTED by the United States District Court.

This Court, therefore, does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge in this case.

IT IS THEREFORE ORDERED that defendants' motion for summary judgment is GRANTED, IN PART, AND DENIED, IN PART, and the Civil Rights Claims against defendant KEITH PRICE are DISMISSED WITH PREJUDICE AS FRIVOLOUS AND WITH PREJUDICE FOR PURPOSES OF PROCEEDING IN AN IN FORMA PAUPERIS PROCEEDING PURSUANT TO TITLE 28, UNITED STATES CODE, SECTION 1915(b). Underwood v. Wilson, 151 F.3d 292 (5th Cir. 1998); 42 U.S.C. § 1997e(a).

LET JUDGMENT BE ENTERED ACCORDINGLY.

The Clerk will mail a copy of this Order to the plaintiff, and to any attorney of record by first class mail.

IT IS SO ORDERED.