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Gooden v. Mitchell

United States District Court, N.D. Texas, Dallas Division
Dec 28, 2004
Civil Action No. 3:04-CV-2304-L (N.D. Tex. Dec. 28, 2004)

Summary

In Gooden, the Court, citing Alexander v. R.A. Sherman's Sons Co., 86 Conn. 292, 85 A. 514; 21 Words and Phrases, Perm. Ed. 12, 27 Am.Jur. 481, indicated that the term "independent contractor", is usually applied to one who is contracted to do work in an independent manner; that is, accountable only as to the results obtained and is not subject to the control or supervision of the employer.

Summary of this case from Weiss v. Security Storage Company

Opinion

Civil Action No. 3:04-CV-2304-L.

December 28, 2004


ORDER


This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On November 22, 2004, the Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed, to which Plaintiff filed written objections on December 2, 2004.

Having reviewed the pleadings, file and record in this case and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. Plaintiff's objections are overruled, and the magistrate judge's findings and conclusions are hereby accepted as those of the court. Accordingly, Plaintiff's complaint is hereby dismissed with prejudice as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a), and 1915A(b)(1).

It is so ordered.


Summaries of

Gooden v. Mitchell

United States District Court, N.D. Texas, Dallas Division
Dec 28, 2004
Civil Action No. 3:04-CV-2304-L (N.D. Tex. Dec. 28, 2004)

In Gooden, the Court, citing Alexander v. R.A. Sherman's Sons Co., 86 Conn. 292, 85 A. 514; 21 Words and Phrases, Perm. Ed. 12, 27 Am.Jur. 481, indicated that the term "independent contractor", is usually applied to one who is contracted to do work in an independent manner; that is, accountable only as to the results obtained and is not subject to the control or supervision of the employer.

Summary of this case from Weiss v. Security Storage Company
Case details for

Gooden v. Mitchell

Case Details

Full title:EDDIE LEE GOODEN, JR., Plaintiff, v. LAWRENCE B. MITCHELL, et al.…

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

Date published: Dec 28, 2004

Citations

Civil Action No. 3:04-CV-2304-L (N.D. Tex. Dec. 28, 2004)

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